Whether delay in police verifications becomes Arbitrary?

Facts of the Case

The appellant, Basudev Dutta, migrated to India from East Pakistan (now Bangladesh) in 1969 with his father and was issued a Migration Certificate. He completed his education in India, securing employment as a Para Medical Ophthalmic Assistant with the Government of West Bengal in 1985. After 26 years of service, the appellant was terminated in 2011 based on a police verification report deeming him “unsuitable” for the position. This report was submitted after a delay of 25 years. The appellant challenged the termination, citing violations of the principles of natural justice.

Contentions of the Appellant

The appellant argued that:

1. He was an Indian citizen by descent, supported by the migration certificate, and had valid government-issued identity proofs.
2. His termination was arbitrary, as he was not provided a copy of the police report nor given a personal hearing.
3. The police verification report, delayed by 25 years, was invalid grounds for termination.
4. The High Court’s reversal of the Tribunal’s favorable order disregarded principles of fairness and natural justice.

Contentions of the Respondents

The respondents contended that:

1. The appellant’s migration certificate alone did not confirm citizenship, which required registration under the Citizenship Act.
2. Documents like Aadhaar and Voter ID were insufficient proof of citizenship.
3. Termination was lawful and preceded by a show-cause notice, fulfilling principles of natural justice.
4. The delay in police verification did not invalidate the report’s findings.

Issues

1. Whether the appellant was an Indian citizen entitled to government employment.
2. Whether the principles of natural justice were violated during the termination process.
3. Whether the delay in submitting the police verification report rendered it invalid.

Observations/Findings by the Supreme Court

1. Citizenship determination is governed by the Foreigners Act and Citizenship Act. The burden of proof lies on the claimant.
2. The police verification report did not provide clear reasons for deeming the appellant unsuitable. Failure to furnish this report and provide a personal hearing constituted a violation of natural justice.
3. Administrative or quasi-judicial orders must contain valid reasoning. The termination order lacked sufficient explanation, making it arbitrary and unsustainable.
4. The police delay in submitting the verification report and the reliance on it after 25 years were unreasonable and prejudicial to the appellant.

Principle of the Case

The principles of natural justice are integral to administrative actions. Any termination order must be preceded by fair procedure, including furnishing relevant documents, providing reasons, and allowing an opportunity for a personal hearing.

Final Order

The Supreme Court set aside the High Court’s judgment and restored the Tribunal’s decision. The appellant’s termination was declared invalid, and he was entitled to all unpaid service benefits. The Court also directed timely completion of police verification processes in future cases.

Impact on Public Law and Order

This judgment reinforces the need for procedural fairness in administrative actions, setting a precedent for transparency and accountability in public employment. It deters arbitrary terminations and delays in police verifications, ensuring better governance and protection of employees’ rights.

Case Citation

Supreme Court of India
Case Title: Basudev Dutta v. The State of West Bengal & Ors.
Case No.: Civil Appeal No. 13919 of 2024 (Arising out of SLP (C) No. 8026 of 2024)
Date of Judgment: December 05, 2024