Service Matter l Prevention of Corruption Act l Dr. Jinesh Soni l 2024

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12.8. Thus, in the ultimate analysis, we find that the 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, the appellant was terminated and hence, his termination order cannot be sustained in the eye of law; and accordingly, set aside the order of termination. However, the High Court erroneously allowed the writ petition filed by the State and set aside the order of the Tribunal by observing that the action of the authorities in issuing a show cause notice and inviting a reply therefrom and the availing of such opportunity by the appellant, is in adherence with the principles of natural justice. Hence, we are inclined to set aside the order of the High Court and restore the order of the
Tribunal to that extent.
13. As far as the third contention is concerned, it appears to us that the appellant joined the post of Ophthalmic Assistant on 06.03.1985 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 only in the year 2010, i.e., after 25 years of service and just two months prior to the date of his retirement. Placing reliance on such report, he was terminated from service.
In view of the enormous delay on the part of the respondent authorities in 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. 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.
13.1. 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 / G.O., or in any event, not later than six months from the date of their appointment. 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.
14. With the aforesaid observations and directions, this appeal is allowed and 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. There is no order as to costs. Pending application(s), if any, shall stand closed.

Dr. Jinesh Soni
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