New Delhi: The Supreme Court has directed to the police officials of all the states in the country to check and verify documents pertaining to the character, antecedents, nationality, genuineness of the documents produced by the candidates selected for government jobs within six months from the date of their appointment.
A bench comprising Justice JK Maheshwari and Justice R Mahadevan directed this while hearing a plea filed by an ophthalmic assistant, who was terminated from job two months prior to the date of retirement.
Petitioner was terminated from service only two months prior to his retirement
The petitioner, who came to India along with his father at the age of 16 from Bangladesh, was appointed as Para Medical Ophthalmic Assistant by the Director of Health Services, Government of West Bengal and he joined the service at Kadambini Block Primary Health Centre, Monteswar, Burdwan on March 16, 1985. He continued in service and was granted yearly increment and other consequential service benefits. However, based on the secret verification report dated May 25, 2010 of the Government of West Bengal, which was communicated by the police to the department on July 7, 2010, the petitioner was terminated from service only two months prior to the date of his retirement on the ground that he was not citizen of the country.
Appointments will have to be regularized only upon verification of credentials of candidates: Apex Court
“The given factual matrix would also compel this court to issue 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/GO (Government Order), or in any event, not later than six months from the date of their appointment,” the Supreme Court said in its order passed on December 5.
“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,” the bench added.
Apex Court set aside High Court order
The petitioner had challenged his termination before the West Bengal State Administrative Tribunal, which set aside the termination order. Aggrieved by the order, the State challenged the order before the Calcutta High Court, which set aside the order of the Tribunal and affirmed the order of termination passed by the authority concern. The petitioner then challenged the High Court order before the Supreme Court, which set aside the High Court order.
“The order of the High Court is set aside. As a sequel, the service benefits which remain unpaid as on date, be paid to the appellant within a period of three months from the date of receipt of a copy of this judgment,” the Supreme Court said while allowing the appeal.
