Complete Police Verification Of Candidates Selected For Govt Service Within 6 Months Of Their Appointment : Supreme Court Directs All States

The Supreme Court warned against the careless and indifferent approach of the Police Authorities in failing to submit the Police Verification Report of candidates selected for government service appointments within the required timeframe, affecting the regularization of candidates.

In this regard, the bench comprising Justice JK Maheshwari and Justice R Mahadevan issued a direction to “the police official(s) of all the States to complete the enquiry and file report as regards the character, antecedents, nationality, genuineness of the documents produced by the candidates selected for appointment to the Government service, etc., within a stipulated time provided in the statute / G.O., or in any event, not later than six months from the date of their appointment.”

The Court clarified that to avoid future complications, the candidate's regularization has to be done only after verification of the candidate's credentials.

“It is made clear that only upon verification of the credentials of the candidates, their appointments will have to be regularized so as to avoid further complications, as in the case on hand,” stated the judgment authored by Justice Mahadevan.

The Court issued its direction while adjudicating an appeal filed by the Para Medical Ophthalmic Assistant in the Government of West Bengal, challenging the High Court's decision to overturn the State Administrative Tribunal's order, which had annulled the appellant's termination from service.

The Appellant, claiming to be an Indian Citizen based on the migration certificate issued to his father, joined the government job in 1985, and a police verification report about his suitability to join services ought to have been submitted within three months from the date of an appointment. However, without affording him an opportunity of hearing before termination, the appellant was terminated from the service in 2011 based on the police verification report which was only submitted in 2010 i.e., after an inordinate delay of around 25 years.

Despite the enormous delay on the part of the respondent authorities in the submission of the verification report, the appellant has been rendered ineligible to receive his pensionary benefits, though he had put in 26 years of unblemished service.

Setting aside the High Court's decision, the judgment authored by Justice Mahadevan noted that the enormous unexplained delay that occurred in submitting the Appellant's Police Verification Report could not justify the appellant's termination from the service, that too in violation of the principles of natural justice as mandated by precedents that a 'personal hearing should be given, before termination of employee from service'.

“The respondents in their reply affidavit categorically admitted about the inordinate delay occasioned to ascertain the unsuitability of the appellant for appointment to the Government service. However, they did not assign any reason much less valid reason for the same. Such a callous and lackadaisical attitude on the part of the respondent authorities cannot be countenanced by us. As held by us in paragraph 12.6 supra, the order of termination passed against the appellant is arbitrary, illegal and in violation of the principles of natural justice and it cannot be sustained. In view of the same, the second limb of the order of the Tribunal granting liberty to the authority to proceed against the appellant in accordance with the principles of natural justice, after a period of 14 years from the date of retirement, would not serve any purpose. Hence, the appellant is entitled to receive all the service benefits that are duly payable to him.”

Accordingly, the appeal was allowed, and the respondent authorities were directed to disburse the pensionary benefits to the appellant within three months.

Appearance:

For Petitioner(s) Mr. Raj Kumar Gupta, Adv. Mr. Mayank Agrahari, Adv. Mr. Shekhar Kumar, AOR

For Respondent(s) Mr. Biswajit Deb, Sr. Adv. Mr. Anando Mukherjee, AOR Mr. Shwetank Singh, Adv.

Case Title: BASUDEV DUTTA VERSUS THE STATE OF WEST BENGAL & ORS.

Citation : 2024 LiveLaw (SC) 957

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