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Service & Administrative LawSupreme Court of India

The State of Bihar v. Kirti Narayan Prasad

Civil Appeal · 2018 INSC 1123Decided 30 Nov 2018
Civil Appeal No. 8649 of 2018
Justice Madan B. Lokur · Justice S. Abdul Nazeer · Justice Deepak Gupta

Background

A large group of Class III/IV employees had been appointed to posts in Bihar's health department directly by local Civil Surgeons, without following the state's prescribed open, competitive recruitment procedure. When the State discovered widespread irregularities (many appointments were found to rest on forged documents or no appointment order at all), it set up a committee that classified the appointments as forged/illegal, merely irregular, or genuinely entitled to regularisation, and terminated the services of those found illegally appointed. Some terminated employees won reinstatement or regularisation orders from the Patna High Court (which the State then appealed), while others had their claims rejected by the High Court (and they in turn appealed): the Supreme Court heard this whole batch together since they raised a common question.

Decision Breakdown

The Supreme Court applied the Constitution Bench ruling in Secretary, State of Karnataka v. Umadevi (3), which distinguishes "irregular" appointments (of qualified persons to sanctioned posts, just without open competition), which may be regularised as a one-time measure after 10+ years of service, from "illegal" appointments (based on forged documents, unsanctioned posts, or no genuine appointment process at all), which can never be regularised or sanctified merely through the passage of time. On the facts, the State Committee had found that the employees in this batch could not establish the genuineness of their appointments, meaning their appointments were void ab initio and illegal, not merely irregular. The Court held there was no reason to disagree with that finding, and that because their appointments were void from the start, no disciplinary inquiry under Article 311 was even required before terminating them. It therefore dismissed the appeals filed by the employees and allowed the appeals filed by the State of Bihar, directing dismissal of the underlying writ petitions.

Lesson Learnt

Long years of service alone do not entitle a government employee to regularisation or protection against termination if the original appointment was never valid in the first place (e.g., forged documents or no genuine selection process): the one-time regularisation benefit under Umadevi applies only to irregular appointments of genuinely qualified people to real, sanctioned posts, not to illegal ones.

The State of Bihar v. Kirti Narayan Prasad – Legal Case Shots | LegalAware