Illegal Termination of Government Employee: Supreme Court Reinstates Service Benefits

The Supreme Court of India recently delivered a significant judgment in the case of Basudev Dutta vs. State of West Bengal & Others, where it examined the wrongful termination of a government employee who had served for 26 years. The case revolved around the issue of citizenship verification and the violation of natural justice principles.

Background of the Case

The appellant, Basudev Dutta, was appointed as a Para Medical Ophthalmic Assistant under the West Bengal government on February 21, 1985. He joined the Kadambini Block Primary Health Centre, Burdwan, on March 6, 1985. At the time of his appointment, all required documents, including medical and police verification reports, were submitted.

However, in 2010, just two months before his retirement, the government issued a report declaring him ‘unsuitable’ for employment, citing a secret police verification report. Based on this, his service was terminated on February 11, 2011, without a proper inquiry.

Key Legal Issues

Whether the termination without a hearing violated principles of natural justice.
Whether a migration certificate from 1969 was sufficient proof of Indian citizenship.
Whether a 25-year delay in police verification could justify termination.
Whether the High Court erred in setting aside the Tribunal’s order that reinstated the appellant.

Arguments Presented

Arguments by the Appellant

His family migrated from East Pakistan (now Bangladesh) in 1969, and his father was issued a Migration Certificate confirming their legal residence in India.
He had lived as an Indian citizen for decades, possessing a ration card, Aadhaar card, Voter ID, and PAN card.
His police verification was delayed for 25 years and should have been completed within three months of joining.
He was terminated without access to the police report or a proper opportunity to defend himself.
The West Bengal Administrative Tribunal had set aside his termination, but the Calcutta High Court wrongly reinstated it.

Arguments by the Respondents (State of West Bengal)

A Migration Certificate alone did not grant citizenship, and the appellant failed to provide a formal Citizenship Certificate.
Employment was conditional upon police verification, which found him ‘unsuitable’ in 2010.
A personal hearing was not mandatory before termination.
Holding government employment was a privilege, not a right.

Supreme Court’s Observations

The Supreme Court analyzed the case and found multiple violations of legal principles.

On Citizenship

The Court ruled that citizenship laws (Foreigners Act, 1946) place the burden of proof on the individual, but the government had not challenged the appellant’s citizenship for decades. The Court noted:

“Once an application has been submitted, the authority concerned must take appropriate action within a reasonable time. No such action was taken in this case.”

On Violation of Natural Justice

The appellant was never shown the police report before termination.
His termination order did not specify why he was considered ‘unsuitable’.
A personal hearing is essential in such cases, as ruled in Aureliano Fernandes v. State of Goa.
The Court reiterated that any decision affecting rights must have reasons (Kranti Associates v. Masood Ahmed Khan).

The Court emphasized:

“Reasons are the heartbeat of every administrative order. An individual cannot be deprived of employment without being informed of the charges against him.”

On the 25-Year Delay in Police Verification

The Court found the delayed verification arbitrary and held:

“Police verification must be completed within a reasonable period, ideally within six months of employment. Delay beyond this cannot be a ground for termination.”

Final Verdict

The Supreme Court ruled in favor of the appellant:

The Calcutta High Court’s order was set aside.
The Tribunal’s order reinstating the appellant was restored.
The appellant was entitled to full service benefits, including pension and arrears.
The State was ordered to complete police verification within six months for all future appointments.

This judgment reinforces the importance of procedural fairness in government employment and prevents arbitrary terminations based on delayed background checks.

Petitioner Name: Basudev Dutta.
Respondent Name: State of West Bengal & Others.
Judgment By: Justice J.K. Maheshwari, Justice R. Mahadevan.
Place Of Incident: West Bengal.
Judgment Date: 04-12-2024.

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