Basudev Dutta vs The State of West Bengal & Ors.

26 years of service, based on the police verification report that he was considered as ‘unsuitable’ for employment to the post – Termination order set aside by the tribunal – High Court restored the order of termination – Correctness: Held: Order of termination passed against the appellant is arbitrary, illegal and in violation of the principles of natural justice and cannot be sustained – Claim of the appellant as regards his nationality as Indian on the strength of the migration certificate issued in favour of his father is accepted – His grandparents are Indian citizens because of their birth and s.4 of the 1955 Act entitles the appellant’s father to be treated as a citizen by descent – Also, the appellant entitled to citizenship by registration as per s.5 of the 1955 Act – In all the documents, including the memorandum, show cause notice, no reason mentioned as to why the appellant was considered as ‘unsuitable’ for employment to the post of Ophthalmic Assistant – Alleged police verification report not served on the appellant, as such, he was unable to make his defense with supportive materials, as a result was terminated from service – Even in the termination order, there was nothing about the unsuitability of the appellant for employment to the Government service – That apart, before passing the termination order, no opportunity of personal hearing provided to the appellant to defend his stand effectively – Tribunal was right in observing that without following the principles of natural justice and without affording any opportunity to explain his case before the authority, appellant was terminated and thus, termination order cannot be sustained in the eye of law; and set it aside – However, the High Court erroneously set aside the order of the tribunal by observing that the action of the authorities in issuing show cause notice and inviting reply therefrom and the availing of such opportunity by the appellant, is in adherence with the principles of natural justice – Furthermore, the appellant joined the post of Ophthalmic Assistant in 1985 upon production of satisfactory report of medical examination and police verification roll – Yet, the police verification report, which was supposed to have been filed within three months from the date of initial appointment of the appellant, was filed after 25 years of service and just two months prior to the date of his retirement and relying on the same, he was terminated from service – In view of the enormous delay on the part of the authorities in submission of the verification report, the appellant was rendered ineligible to receive his pensionary benefits, though he had put in 26 years of unblemished service – Authorities in their reply affidavit categorically admitted about the inordinate delay occasioned to ascertain the unsuitability of the appellant for appointment to the Government service – However, they did not assign any reason much less valid reason for the same – Such callous and lackadaisical attitude on the part of the authorities cannot be accepted – Thus, the order of the High Court set aside and that of the tribunal restored – Order of the tribunal granting liberty to the authority to proceed against the appellant in accordance with the principles of natural justice, after 14 years from the date of retirement, would not serve any purpose – Thus, the appellant entitled to receive all the service benefits duly payable to him – Citizenship Act, 1955. [Paras 11.3, 12, 12.1, 12.3, 12.6, 12.8, 13, 14]

Judgment/order – Reasoned order – Necessity:

Held: Every administrative or quasi-judicial order must contain the reasons – Such reasons go a long way in not only ensuring that the authority has applied his mind to the facts and the law, but also provide the grounds for the aggrieved party to assail the order in the manner known to law – In the absence of any reasons, it also possesses a difficulty for the judicial authorities to test the correctness of the order or exercise its power of judicial review – Reasons are heartbeat of every order and every notice must specify the grounds on which the administrative or quasi-judicial authority intends to proceed; if any document is relied upon to form the basis of enquiry, such document must be furnished to the employee; it is only then a meaningful reply can be furnished; and the failure to furnish the documents referred and relied in the notice would vitiate the entire proceedings as being arbitrary and in violation of the principles of natural justice; and before taking any adverse decision, the aggrieved person must be given an opportunity of personal hearing. [Paras 12.2, 12.6]

Service law – Appointment – Verification of the credentials of the candidates:

Held: Issuance of direction to the police officials of all the States to complete the enquiry and file report as regards the character, antecedents, nationality, genuineness of the documents produced by the candidates selected for appointment to the Government service, etc., within a stipulated time provided in the statute/G.O., or in any event, not later than six months from the date of their appointment – Only upon verification of the credentials of the candidates, their appointments will have to be regularized so as to avoid further complications. [Para 13]