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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Ashok Kumar S/o Shri Brij Mohan – Appellant
Versus
Ajmer Vidyut Vitran Nigam Limited – Respondent
| Table of Content |
|---|
| 1. termination based on false qualification certificates. (Para 1 , 3 , 4 , 5) |
| 2. criminal acquittal does not restore employment rights. (Para 8 , 20 , 21 , 27) |
| 3. natural justice not obligatory where fraud is established. (Para 25 , 32) |
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 appoint
Fraudulent qualifications invalidate appointments; mere acquittal in criminal court does not restore employment rights.
Fraud vitiates all proceedings; employment obtained through fraudulent means does not require adherence to procedural protections under disciplinary rules.
Employment obtained through fraudulent documentation does not require adherence to formal disciplinary procedures, as fraud vitiates employment.
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
An employee cannot be held guilty of fraud or forgery without clear evidence of intentional misrepresentation, especially when documentation discrepancies arise from administrative errors.
Fraudulent appointments in public service are void ab initio, and individuals cannot claim rights or benefits from such appointments.
Appointment obtained by suppressing material fact and filing false declaration – Choice/option whether to continue or not to continue such an employee always must be given to employer. Such an employ....
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