Fraud vitiates everything, and a subsequent action cannot validate an action that was not lawful at its inception. If an order is bad in its inception, it does not get sanctified at a later stage.

ORDER :

I.A. No. 2952 of 2021

The present Interlocutory Application has been filed for condonation of delay of 70 days in filing the instant appeal.

2. Heard learned counsel appearing for the parties.

3. Having regard to the averments made in this application, we are of the view that the appellants were prevented by sufficient cause from preferring the appeal within the period of limitation.

4. Accordingly, I.A. No. 2952 of 2021 is allowed and delay in preferring the appeal is condoned.

L.P.A. No. 288 of 2020

5. The instant intra-court appeal, under clause 10 of the Letters Patent, has been preferred by the State of Jharkhand against the order/judgment dated 11.11.2019 passed by Learned Single Judge of this Court in W.P. (S) No. 1730 of 2019 whereby and whereunder the order dated 20.02.2019, by which show cause notice was served upon the petitioner and others for getting appointment on the strength of forged certificate, was quashed and set aside and appellant- State of Jharakhand was directed to pay the entire retiral benefits to the petitioners within a stipulated period of time.

6. The brief facts of the case, as per pleadings made in the writ petition, which require to be enumerated reads as hereunder:

In pursuant to an advertisement for appointment to the post of Assistant Teacher, the petitioner having the requisite qualifications, had applied and on being declared successful in the recruitment process joined the said post on 15.09.1980. It is stated that after joining, the educational certificates of the petitioner were verified and two months thereafter, he started to get his salary. During his service period, the petitioner was transferred to different places. But, all of a sudden, before four months prior to his superannuation, i.e. on 30.01.2017 a show-cause notice was issued to the petitioner by the District Superintendent of Education, Giridih that in course of verification of the educational certificates, the Deputy Secretary (Vigilance), Bihar School Examination Board, Bihar, Patna had sent letter dated 19.11.2016 that Roll Code 1440 was not used in the examination of the year 1974(A) and as such, it is forged, therefore, the petitioner was asked to submit his reply within a week. Again on 03.04.2017, petitioner was asked to submit reply to show-cause notice dated 30.01.2017. In response thereof, the petitioner submitted his reply categorically stating that educational certificate of the petitioner is genuine and correct and requested the District Superintendent of Education, Giridih to enquire the same from Bihar School Examination Board, Patna and thereafter, the retiral benefits may be given to the petitioner.

It is stated that the Deputy Secretary (Vigilance), Bihar School Examination Board, Patna had sent a letter to the District Superintendent of Education, Giridih on 21.09.2017, wherein he has written that due to inadvertence, wrong verification report was sent and when he made an enquiry, found the following facts:

“Candidate Name – Dhapru Rai,

Roll Code-1440,

Roll No. 326,

Year 1974 (A),

Marks obtained-533,

Division-Second .”

It is the further case of the petitioner that inspite of the report from Bihar School Examination Board, the appellants-State did not make payment of the retiral benefits as a result of which, the petitioner is facing financial hardship.

Aggrieved thereof, the petitioner approached this Court by invoking writ jurisdiction of this Court conferred under Article 226 of the Constitution of India for the following reliefs:

“For issuing direction to the respondents to pay retiral benefits of the petitioner such as Provident fund, Gratuity, Leave Encashment etc. as well Pension and other legally payable amount of retiral benefits to the petitioner and further direction upon the respondents not to take coercive action against the petitioner on the basis of letter issued by the District Superintendent of Education, Giridih dated 20.02.2019.”

The respondents-State of Jharkhand appeared and filed counter affida