The Supreme Court of India overturned the decision of the Calcutta High Court, reinstating the tribunal's order that had quashed the appellant's termination from government service. The appellant was terminated on grounds of unsuitability based on a delayed police verification report, without adequate reasoning or adherence to the principles of natural justice. The apex court held that the termination violated the appellant's rights under Articles 14 and 21 of the Constitution. The Court also directed that all service and pensionary benefits be paid within three months.

1. Case Background

• [Paras 2-3]:
  The appellant, Basu Dev Dutta, was appointed as a Para Medical Ophthalmic Assistant in 1985 and served for 26 years. In 2011, he was terminated based on a police verification report that deemed him "unsuitable," without being afforded natural justice or sufficient reasoning.

2. Citizenship and Identity Issue

• [Paras 4-6]:
  The appellant claimed Indian citizenship based on his father's migration certificate from East Pakistan (now Bangladesh). He possessed identification such as a voter ID, Aadhaar card, and PAN card. However, the State argued that the appellant had not conclusively proved his citizenship under the Citizenship Act, 1955, and Foreigners Act, 1946.

3. Principles of Natural Justice Violated

• [Paras 10-12]:
  The termination was based on an undisclosed "secret" police verification report from 2010, nearly 25 years after the appellant's appointment. The appellant was not given access to the report, nor was a personal hearing granted. The termination order lacked reasoning, violating the principles of natural justice and transparency.

4. Delay in Police Verification Report

• [Para 13]:
  The Court criticized the delay in the police verification process, which should have been completed within three months of the appellant's appointment. Instead, it was concluded just two months before his retirement, rendering the appellant unable to receive pensionary benefits.

Ratio Decidendi:

1. Burden of Proof for Citizenship:
   Under Section 9 of the Foreigners Act, 1946, the onus lies on the claimant to establish their citizenship. The appellant's claim of citizenship required registration or documentation under the Citizenship Act, which was not conclusively presented.

2. Natural Justice and Procedural Fairness:
   Orders affecting employment or fundamental rights must provide reasoning and offer an opportunity for personal hearing. The lack of access to the police report and the absence of specific reasons rendered the termination arbitrary and illegal.

3. Timely Police Verification:
   Verification processes must adhere to stipulated timelines to avoid undue hardship for employees. Delays of 25 years are unacceptable, particularly when they impact retirement and pensionary benefits.

Acts and Sections Discussed:

• Constitution of India: Articles 14 (Equality before Law) and 21 (Right to Life and Liberty).
• Foreigners Act, 1946: Section 9 (Burden of Proof).
• Citizenship Act, 1955: Sections 5 (Citizenship by Registration) and 9.
• Foreigners (Tribunal) Order, 1964.

Subjects:

Termination of Government Employee – Delayed Police Verification and Citizenship Dispute

• Natural Justice
• Citizenship Law
• Government Employment
• Administrative Delay
• Police Verification