Case Note & Summary
The appellant, Basudev Dutta, migrated from East Pakistan (now Bangladesh) to India in 1969 at age 16 with his father, who was issued a migration certificate. He completed his education, was appointed as Para Medical Ophthalmic Assistant in 1985, and served for 26 years without any blemish. In 2010, just two months before his retirement, the police communicated a secret verification report dated 25.05.2010 declaring him 'unsuitable' for employment. Based on this, he was issued a show cause notice and subsequently terminated on 11.02.2011 without being furnished the report or given a personal hearing. The West Bengal State Administrative Tribunal set aside the termination, but the Calcutta High Court reversed that decision. The Supreme Court allowed the appeal, holding that the termination was vitiated by violation of natural justice as the appellant was not given the adverse material or an opportunity to defend himself. The court also noted the inordinate delay of 25 years in submitting the verification report and directed the respondents to determine the appellant's citizenship under the Citizenship Act, 1955 within three months, and if found to be a citizen, to reinstate him with consequential benefits.
Headnote
A) Service Law - Termination - Police Verification Report - Delay - The appellant was terminated from service after 26 years based on a secret police verification report declaring him 'unsuitable', which was communicated 25 years after his appointment. The court held that such inordinate delay and failure to provide the report or a hearing violated principles of natural justice. (Paras 10-12) B) Citizenship - Migration Certificate - Conclusive Proof - The appellant claimed Indian citizenship based on a migration certificate issued to his father in 1969. The court noted that the issue of citizenship was not properly adjudicated and required determination under the Citizenship Act, 1955. (Paras 10, 12) C) Natural Justice - Right to Hearing - Adverse Material - The appellant was not furnished the secret verification report nor given an opportunity to rebut it. The court held that denial of such opportunity vitiates the termination order. (Paras 10-12)
Issue of Consideration
Whether the termination of the appellant from service based on a secret police verification report, without furnishing the report or providing an opportunity of personal hearing, and after an inordinate delay of 25 years, is sustainable in law.
Final Decision
Appeal allowed. Impugned order of the High Court set aside. Order of the Tribunal restored. Respondents directed to determine appellant's citizenship under the Citizenship Act, 1955 within three months. If found to be a citizen, appellant to be reinstated with all consequential benefits including pension, gratuity, and arrears of salary.
Law Points
- Principles of natural justice
- Police verification report
- Delay in submission of verification report
- Citizenship determination
- Termination of service without enquiry
- Right to hearing
