General of Police & Ors Vs. Mrityunjoy Sarkar & Ors  INSC 414 (18
K.Ramaswamy, K.G.B. Pattanaik (J)
JT 1996 (4) 241 1996 SCALE (3)388
O R D
learned counsel on both sides.
admitted position is that the respondents came to be appointed by proceedings
dated April 25/26, 1985 as Constables in the State Armed Police. The basis for
their recruitment was the list furnished by the Employment Exchange, Katwa.
They are discharged from the service by proceedings effective from January 1, 1986 which came to be challenged in the
High Court. The High Court has set aside the order of discharge. On appeal, it
was confirmed in MFA No.682/1987 by order dated March 26, 1991. Thus this appeal by special leave.
discharge order, it was stated that the respondents had exercised the power
under Rule 34 [b] of the West Bengal Service Regulations [Part I] and the
instructions contained in Memo No.4145 dated November 22, 1985 of the Assistant Inspector General of Police, West Bengal. It is not in dispute that the
Commissioner of Labour in his letter dated September 5/7, 1985 had informed the
appellants that the list of the names forwarded by the Employment Exchange was
fake one and their names were fabricated as they do not correspond to the
entries in the Employment Exchange. Consequently, he directed the appellants to
take action according to rules. It would thus be clear that the foundation for
discharge is production of fake list of persons from employment exchange for
recruitment as Armed Reserved Constables. If that is accepted, then it would
cause a stigga on the respondents for future recruitment as they have produced
fictitious record to secure employment. Principles of natural justice require
that they should be given reasonable opportunity of representation in the
enquiry to be conducted and appropriate orders with reasons in support thereof
need to be passed. It is settled legal position and the said procedure has not
been followed. Under these circumstances, the High Court had not committed any
error in dismissing the appeal. It would be open to the appellants to issue
notice to all the respondents and consider their case and then pass appropriate
orders with reasons, however brief they may be, in support thereof within a
period of six weeks from the date of the receipt of this order. The said notice
shall be given to the respondents stating the grounds on which they seek to
discharge them and the respondents are directed to submit their objections, if any,
and the material in support thereof within one month thereafter. After receipt
of the objections, the appellants are directed to consider the objections and
pass appropriate orders within six weeks thereafter and to communicate the same
to all the respondents with acknowledgement due. The order, as stated earlier,
should contain concise reasons in support of their conclusions.
appeal is accordingly allowed. No costs.
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