Case Note & Summary
The appellant, Sukh Bilash Thakur, was appointed as a Bill Clerk in the Bihar State Electricity Board on 03.02.1981 after verification of his educational qualifications and through a competitive examination followed by an interview. He served for 18 years and passed the departmental examination. When he claimed a senior level grade, the respondents issued a show cause notice on 03.07.2006 alleging that he had secured appointment by fraudulent methods and suppressed his lack of requisite qualifications. The appellant replied on 12.07.2006 explaining that mathematics was compulsory only up to class 9 at the time of his matriculation, and that his appointment was valid. The respondents, without properly considering his explanation, passed an order of reversion on 09.08.2007 reverting him from Bill Clerk to Khalasi. The High Court declined to interfere. The Supreme Court allowed the appeal, holding that the reversion order was highly unjust, inequitable, and arbitrary, issued nearly 25 years after appointment. The Court noted that there was no evidence of fraud or suppression, and the respondents had woken up from their stupor only when the appellant claimed selection grade. The Court set aside the reversion order and directed that the appellant be entitled to pensionary benefits as if the reversion had never been passed, with interest at 15% per annum, payable within eight weeks.
Headnote
A) Service Law - Reversion - Delay - An order of reversion issued nearly 25 years after appointment, without proper consideration of the employee's explanation and without any allegations of misconduct during service, is highly unjust, inequitable, and arbitrary, and is liable to be set aside. (Paras 4-5) B) Service Law - Fraudulent Appointment - Burden of Proof - The employer must prove fraud or suppression; mere allegation without evidence, especially after a long period and where the employee was appointed through a competitive process, cannot sustain a reversion order. (Paras 3-4) C) Service Law - Show Cause Notice - Reasoned Order - A show cause notice must be considered with reasons; a mere recital of 'after careful consideration' without addressing the cause shown renders the order unsustainable. (Para 3)
Issue of Consideration
Whether an order of reversion from the post of Bill Clerk to Khalasi, issued nearly 25 years after appointment, based on alleged fraudulent appointment, is sustainable in law.
Final Decision
The Supreme Court allowed the appeal, set aside the reversion order dated 09.08.2007, and directed that the appellant be entitled to pensionary benefits as if the reversion had never been passed. Pensionary and other retiral dues to be paid within eight weeks with interest at 15% per annum till actual payment.
Law Points
- Reversion after long delay is arbitrary
- Fraud must be proved
- Show cause notice must be considered with reasons
