Fraudulent qualifications invalidate appointments; mere acquittal in criminal court does not restore employment rights.

JUDGMENT :

ANAND SHARMA, J.

1. Since common facts and question of law are involved in both the writ petitions, therefore, they were heard together and are being decided by this common judgment.

2. For the sake of convenience, facts stated in Writ Petition No. 9408/2011 are being taken into consideration.

3. The petitioners have challenged orders dated 14.07.2011 passed by the Secretary (Administration), Ajmer Vidyut Vitran Nigam Limited, Ajmer (hereinafter to be referred as ‘AVVNL’), whereby services of the petitioners have been terminated on account of qualification documents submitted by them at the time of appointment, being found as false and forged.

4. It is stated that the petitioners owned to their credit qualification of B.Com. The respondent-AVVNL issued advertisement for appointment on the post of Junior Accountant. The petitioners participated in the recruitment process and were ultimately selected and extended benefit of appointment on the aforesaid post as Probationer Trainee vide order dated 17.05.2007.

5. After their joining, the petitioners were directed to submit their original educational documents for the purpose of verification. Accordingly, the petitioners submitted their mark sheets of B.Com. and provisional certificates. It has been contended that thereafter, one notice dated 02.02.2009 was issued by the Chief Accounts Officer, AVVNL, Ajmer mentioning therein that the work performance report with regard to work of the petitioners was not satisfactory, therefore, the petitioners were required to submit explanation as to why their services should not be terminated.

6. As per the petitioners, they submitted reply to the notice and ultimately, their work and conduct was found satisfactory. Hence, vide order dated 24.05.2011, their probation was extended for a period of six months.

7. It has been submitted by learned counsel for the petitioner that the respondent-AVVNL raised objection with regard to genuineness of educational qualification certificates submitted by the petitioners, hence, it got the same verified through Magadh University, from where the petitioners acquired the aforesaid qualification after undergoing the complete education course. As per letter dated 20.10.2008 issued to the Chief Accounts Officer, AVVNL, Ajmer, the mark sheet and provisional certificate submitted by the petitsioners were found to be correct. Despite that, in quite arbitrary and illegal manner by levelling allegations of the certificates submitted by the petitsioners as forged and false, their services were terminated vide order dated 14.07.2011.

8. Learned counsel for the petitioner also submits that in respect of self same certificates, one criminal case was also lodged by the respondent-AVVNL by registering FIR. The petitioners were tried by the competent criminal court for committing offences punishable under Sections 420, 467, 468 and 471 IPC. However, they were acquitted of the charges framed against them under Sections 467 and 468 IPC, yet they were convicted for committing offences punishable under Sections 420 and 471 IPC vide judgment dated 21.10.2021. The petitioners filed criminal appeal against the aforesaid judgment, which was allowed by the appellate court vide judgment dated 22.08.2023 wherein the petitioners have been acquitted of the charges framed against them for offences punishable under Sections 420 and 471 IPC also. While indicating the judgment passed by the appellate court, learned counsel for the petitioners submits that the charges framed in the criminal case were in respect of the very same documents, which have been alleged to be false and forged by the respondent-AVVNL while terminating the services of the petitioners. The criminal court has got better mea