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J. K. MAHESHWARI, ARAVIND KUMAR
Naresh Kumar Sinha – Appellant
Versus
State Of Bihar – Respondent
| Table of Content |
|---|
| 1. evaluation of the appellant's termination process (Para 2) |
| 2. termination without due process based on alleged forgery. (Para 3 , 4) |
| 3. high court upheld the termination citing incompetence in appointment. (Para 5 , 6) |
| 4. long service undermined by sudden termination based on show cause notice. (Para 9 , 10) |
| 5. allegations of fraud not substantiated or formally laid out. (Para 12 , 15) |
| 6. nature of fraud requires clear substantiation; mere allegation is insufficient. (Para 17 , 18 , 22) |
| 7. importance of due process and substantiation in fraud allegations (Para 20) |
| 8. discussion on the inadequateness of evidence for fraud (Para 21) |
| 9. termination quashed; reinstatement ordered with back wages. (Para 23 , 24) |
JUDGMENT :
1. Leave granted.
3. The facts shorn of details are that in furtherance to an advertisement dated 22.06.1981, appellant was appointed as clerk vide order dated 24.06.1989, and posted at S.M.T. High School, Vaishali, Bihar. He submitted his joining on 04.07.1989 which was initially resisted by headmaster but later he was allowed to join and he performed his duty. Thereafter, on transfer to other schools, he worked for more than one and a half decade. On 19.09.2
(1) Termination – Forged appointment – When allegation of forgery or fraud has been made by State Government, it must have some foundation – Mere correspondence of an officer alleging non-issuance of....
An appointment obtained through fraudulent means is null and void, and no departmental inquiry is required to terminate such service.
Employment obtained through fraudulent documentation does not require adherence to formal disciplinary procedures, as fraud vitiates employment.
In cases of fraudulent appointments, the appointment orders are non-est in the eyes of the law, and no enquiry is required before terminating the services.
Fraud vitiates all proceedings; employment obtained through fraudulent means does not require adherence to procedural protections under disciplinary rules.
The main legal point established in the judgment is the void ab-initio nature of the appointment based on forged and fabricated documents, leading to the termination of the petitioner's services.
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