In a recent ruling, the Supreme Court of India directed all state governments to ensure that police verification reports for candidates appointed to government services are completed within six months of their appointment. The directive came as part of the Court’s ruling in Civil Appeal No. 13919 of 2024, involving Basudev Dutta, whose termination from service was overturned due to administrative lapses and violation of principles of natural justice.
The bench comprising Justice J.K. Maheshwari and Justice R. Mahadevan underscored the critical need for timely police verification to avoid prolonged uncertainties and injustices. The Court also called for systemic changes to ensure adherence to statutory timelines.
Background of the Case
The appellant, Basudev Dutta, joined government service in 1985 as a Para Medical Ophthalmic Assistant in West Bengal after completing all requisite medical and police verifications. However, in 2010—just two months before his retirement—the West Bengal government received a secret police verification report labeling him “unsuitable” for employment. Subsequently, Dutta was terminated from service without being provided the police report or an opportunity for a personal hearing.
Challenging this decision, Dutta successfully appealed before the West Bengal Administrative Tribunal, which quashed the termination order. The State appealed to the Calcutta High Court, which reinstated the termination order, prompting Dutta to approach the Supreme Court.
Key Legal Issues
1. Delay in Police Verification:
The Court noted that the police verification report, which should have been submitted within three months of Dutta’s appointment, was delayed by 25 years. This delay violated procedural norms and caused significant prejudice.
2. Violation of Natural Justice:
The termination order was passed without disclosing the basis of Dutta’s “unsuitability” and without granting him a personal hearing, violating the principles of natural justice.
3. Citizenship Question:
The government contended that Dutta, who migrated from East Pakistan in 1969, failed to conclusively prove his Indian citizenship. However, the Court highlighted that he had been a resident for decades and participated in public life as a citizen, including voting and paying taxes.
Supreme Court Observations
The Court emphasized that procedural lapses in police verification reports disrupt the professional and personal lives of employees. In scathing terms, it stated:
“The callous and lackadaisical attitude of the authorities cannot be countenanced. Such delays jeopardize the principles of justice and administrative efficiency.”
The Court also reiterated the necessity of adhering to Articles 14 and 21 of the Constitution, which guarantee equality and protection of life and liberty, to safeguard the rights of public servants.
Directives and Decision
1. Mandatory Timelines for Police Verification:
The Court directed all states to ensure police verification reports are completed within six months of a candidate’s appointment. Delays must be strictly avoided to prevent scenarios like the one in Dutta’s case.
2. Reinstatement and Benefits:
The Court reinstated Dutta’s service benefits, including pension, gratuity, and arrears, and directed the West Bengal government to disburse them within three months.
3. Future Compliance:
The judgment stressed that appointments to government service must be regularized only after verification of credentials, ensuring timely and error-free procedures.
