VidhiSangh

Supreme Court of India · 02/04/2025

NARESH KUMAR SINHA versus STATE OF BIHAR & ORS.

[2025] 4 S.C.R. 2742 · 2025 INSC 814

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court quashed the 2005 termination of a school clerk in Bihar, appointed in 1989 pursuant to a public advertisement, on an unsubstantiated allegation that his appointment order was forged. The reasons in the termination order were contrary to the record, fraud had neither been pleaded with its ingredients nor enquired into, and the State's repeated failure to produce the appointment records warranted an adverse inference.

Issues

  1. Whether the termination of the appellant after sixteen years of service, on the ground that his appointment order was issued by an incompetent authority and was forged, was sustainable when the appointment order on record was issued by the Human Resource Development Department under the signature of the Additional Director.
  2. Whether a bare allegation of fraud or forgery, resting only on departmental correspondence that the appointment memo was not issued from the directorate and on non-traceability of the record, could justify termination without an enquiry.
  3. Whether an adverse inference should be drawn against the State for failing, despite repeated directions of the High Court and the Supreme Court, to produce the original records of the appellant's appointment and service.

Held

Result

Appeal allowed; orders of the High Court (Single Judge and Division Bench) set aside and the termination order dated 21.11.2005 quashed; appellant to be reinstated with 50% back wages from the date of termination till reinstatement and all consequential benefits; liberty to the respondents to take proper recourse against the appellant following due process of law; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 2742.