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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, SANJAY PARIHAR
Union Territory of Jammu and Kashmir – Appellant
Versus
Nazir Hussain S/o Munir Hussain – Respondent
JUDGMENT :
SANJEEV KUMAR, J.
Cav No. 2201/2025
1. Heard learned counsel for the Caveator.
2. Caveat stands discharged.
WP (C) No. 3639/2025
1. This writ petition filed by the Union Territory of Jammu and Kashmir and four others, under Article 226 of the Constitution of India seeks to challenge an order and judgment dated 29.01.2025 passed by the Central Administrative Tribunal Jammu Bench, Jammu [“the Tribunal”] in TA No. 8263/2021 titled Nazir Hussain vs. State of J&K and others, whereby the Tribunal has allowed the petition of the respondent and quashed the order of his dismissal dated 08.04.2015, passed by petitioner no. 2 herein with a further direction to reinstate the respondent in service within a period of two months from the date of receipt of the order. The petitioners have also been given a liberty to proceed against the respondent in accordance with law.
2. Impugned judgment is assailed by the petitioners on multiple grounds, however, before we advert to the grounds of challenge urged by Mr. Eishaan Dadhichi, learned GA, we deem it appropriate to set out few facts as are necessary for appreciating the controversy raised in this petition in right perspective.
3. The respondent,
Termination of service without a proper inquiry violates Article 311(2) of the Constitution, emphasizing the necessity of due process in employment matters.
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
A government servant cannot be dismissed without being informed of charges and given a reasonable opportunity to defend, as mandated by Article 311(2) of the Constitution.
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.
An appointment obtained through fraud or misrepresentation is void ab initio, and procedural safeguards do not apply in such cases.
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