BASUDEV DUTTA versus THE STATE OF WEST BENGAL & ORS.

Citation: [2024] 12 S.C.R. 418 · Decided: 05-12-2024 · Supreme Court of India · Bench: J.K. MAHESHWARI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2024] 12 S.C.R. 418 : 2024 INSC 940
Basudev Dutta 
v. 
The State of West Bengal & Ors.
(Civil Appeal No. 13919 of 2024)
05 December 2024
[J.K. Maheshwari and R. Mahadevan,* JJ.]
Issue for Consideration
Issue arose as regards the correctness of the termination order of 
the appellant-employee after rendering 26 years of service, based 
on the police verification report that he was considered ‘unsuitable’ 
for employment to the post.
Headnotes†
Service law – Termination of service – Suitability for 
employment to the post – Employee-Ophthalmic Assistant with 
the State Government, terminated from service after rendering 
26 years of service, based on the police verification report 
that he was considered as ‘unsuitable’ for employment to the 
post – Termination order set aside by the tribunal – High Court 
restored the order of termination – Correctness:
Held: Order of termination passed against the appellant is 
arbitrary, illegal and in violation of the principles of natural justice 
and cannot be sustained – Claim of the appellant as regards his 
nationality as Indian on the strength of the migration certificate 
issued in favour of his father is accepted – His grandparents 
are Indian citizens because of their birth and s.4 of the 1955 
Act entitles the appellant’s father to be treated as a citizen by 
descent – Also, the appellant entitled to citizenship by registration 
as per s.5 of the 1955 Act – In all the documents, including the 
memorandum, show cause notice, no reason mentioned as to 
why the appellant was considered as ‘unsuitable’ for employment 
to the post of Ophthalmic Assistant – Alleged police verification 
report not served on the appellant, as such, he was unable to 
make his defense with supportive materials, as a result was 
terminated from service – Even in the termination order, there was 
nothing about the unsuitability of the appellant for employment 
* Author
[2024] 12 S.C.R. 
419
Basudev Dutta v. The State of West Bengal & Ors.
to the Government service – That apart, before passing the 
termination order, no opportunity of personal hearing provided to 
the appellant to defend his stand effectively – Tribunal was right 
in observing that without following the principles of natural justice 
and without affording any opportunity to explain his case before 
the authority, appellant was terminated and thus, termination 
order cannot be sustained in the eye of law; and set it aside – 
However, the High Court erroneously set aside the order of the 
tribunal by observing that the action of the authorities in issuing 
show cause notice and inviting reply therefrom and the availing 
of such opportunity by the appellant, is in adherence with the 
principles of natural justice – Furthermore, the appellant joined 
the post of Ophthalmic Assistant in 1985 upon production of 
satisfactory report of medical examination and police verification 
roll – Yet, the police verification report, which was supposed 
to have been filed within three months from the date of initial 
appointment of the appellant, was filed after 25 years of service 
and just two months prior to the date of his retirement and relying 
on the same, he was terminated from service – In view of the 
enormous delay on the part of the authorities in submission of 
the verification report, the appellant was rendered ineligible to 
receive his pensionary benefits, though he had put in 26 years 
of unblemished service – Authorities 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 callous and 
lackadaisical attitude on the part of the authorities cannot be 
accepted – Thus, the order of the High Court set aside and that 
of the tribunal restored – Order of the tribunal granting liberty 
to the authority to proceed against the appellant in accordance 
with the principles of natural justice, after 14 years from the 
date of retirement, would not serve any purpose – Thus, the 
appellant entitled to receive all the service benefits duly payable 
to him – Citizenship Act, 1955. [Paras 11.3, 12, 12.1, 12.3, 12.6, 
12.8, 13, 14]
Judgment/order – Reasoned order – Necessity:
Held: Every administrative or quasi-judicial order must contain 
the reasons – Such reasons go a long way in not only ensuring 
that the authority has applied his mind 

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