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2012 Supreme(J&K) 509
JAMMU & KASHMIR HIGH COURT
Mansoor Ahmad Mir, J.
Muzaffar Ahmad Reshi -Appellant
Versus
Deputy Commissioner & Ors. -Resopndent
SWP No.1860/2011
Decided On : 28-09-2012
For Petitioner:Mr. Hakim Aman Ali, Advocate.
For respondents: Mr. S. A. Naik, AAG, for nos. 1 to 6.
Mr. Jahangir Iqbal Ganai, for no.7.
When an appointment is made on fake and frivolous documents, the question of violation of principles of natural justice does not arise, and the wrongdoer can be shown the exit door without conducting an inquiry.
Headnote:
Termination - Fake Degree Certificate - Jammu and Kashmir - [Section 311 of the Constitution of India, Article 311 of the Constitution of India, Jammu and Kashmir High Court Rules, 1999] - The court discussed the issue of termination based on fake documents and the entitlement of the individual to be heard before passing any adverse order. The judgment highlighted the legal principle that when an appointment is made on fake and frivolous documents, the question of violation of principles of natural justice does not arise, and the wrongdoer can be shown the exit door without conducting an inquiry.
Fact of the Case:
The petitioner sought to quash his termination order based on a fake degree certificate. The respondents argued that the petitioner managed to obtain favorable verification by playing fraud and that the appointment was void ab initio.
Finding of the Court:
The court found that the petitioner had succeeded in hoodwinking the authorities by seeking appointment on a fake certificate. The court also held that the petitioner was not entitled to be heard before passing the termination order.
Issues: The issues revolved around the petitioner's use of a fake degree certificate to secure employment and the entitlement to be heard before the termination order.
Ratio Decidendi: The court held that when an appointment is made on fake and frivolous documents, the question of violation of principles of natural justice does not arise, and the wrongdoer can be shown the exit door without conducting an inquiry.
Final Decision: The writ petition was dismissed, and the interim direction, if any, was vacated.
2. Precisely, the case of petitioner is that Primary School Chewa Ullar, Tral, was upgraded to Middle School in the year 2002. Thereafter, an advertisement notice came to be published by respondent no.4 inviting applications from eligible candidates for filling up three posts of Rehbar-e-Taleem (Teacher) in the upgraded Middle School, Chewa Ullar, Tral. He along with others applied and was placed in the approved select list, but was not engaged. He was, thus, constrained to approach the Deputy Commissioner, Pulwama. Meanwhile, another advertisement notice was published by respondent no.4 under No.ZEOT/SSA/04/46 dated 10.09.2004, inviting applications from eligible candidates for filling up the posts of Rehbar-e-Taleem Teachers in the said School. The Village Level Committee recommended the name of petitioner with other eligible candidates and, thereafter, the petitioner was engaged vide order dated 03.02.2005. He was confirmed as a General Line Teacher by the Directorate of School Education, Kashmir, vide order dated 25.05.2010. It is contended that respondent no.4, thereafter, without hearing the petitioner, arbitrarily and without jurisdiction terminated his services vide order dated 26.07.2011. Aggrieved by the same, the petitioner has challenged the said order by medium of this writ petition.
3. Respondents 2, 3, 4 & 7 have filed objections, resisting the writ petition. Respondents 1 & 5 have adopted the reply filed by respondent no.7.
4. It is stated that the petitioner was figuring at Sr. No.1, whereas respondent no.7 was figuring at Sr. No.3 in the panel. Accordingly, taking into consideration his qualification as B.Sc., the petitioner was appointed on the post in question. On verification of his B.Sc. Degree Certificate by the respondents, it was found to be fake and forged one. Further, it is contended that regularization of services of the petitioner was made on the basis of said certificate. Learned counsel for the respondents submitted that if the ingenuineness of said certificate would have been brought to the notice of official respondents before making selection or regularization, the petitioner would have neither been appointed nor regularized on the post. The said fraud was unearthed only after the order of regularization was made in favour of petitioner. However, it is submitted that the order of regularization has not been given effect to, because of pendency of verification of his testimonials. Further, it is submitted that his salary, too, has not been drawn in the regularized pay. The petitioner managed his selection on the basis of fake Degree Certificate of B.Sc. But, as a matter of fact, he was only possessing 10+2 qualification with 285 marks out of 600 marks. In the selection the fake certificate gave an edge to the petitioner over others, particularly respondent no.7. Therefore, it is contended that he was rightly shown the door. It is contended that the appointment of petitioner is void-ab-initio and bad in law, so he cannot claim any right of being heard.
5. Further, it is contended that the petitioner not only produced the fake Degree Certificate, but he also managed to obtain favourable verification report by playing fraud. The University of Kashmir through its Assistant Controller, Tabulation, vide communication dated 09.07.2011 submitted a report in which it was recorded that no such verification report was submitted by the University of Kashmir. It would be appropriate to quote hereunder the relevant portion of said communication.
“Kindly refer to your letter dated 16.06.2011 regarding the subject cited above. In this connection it is to inform you that the particulars recorded in the marks certifica
