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RAVI RANJAN, SUJIT NARAYAN PRASAD
State of Jharkhand – Appellant
Versus
Dhapru Rai, S/o. Late Jagarnath Rai – Respondent
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 re
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.
An appointment secured through fraudulent means, such as a forged educational certificate, is void ab initio, and the individual is not entitled to any employment benefits or protections under the la....
The main legal point established in the judgment is that fraud vitiates every solemn act, and sympathy cannot override the lack of a legal right.
Court in its jurisdiction under Article 226 of Constitution of India, where it is established that appointment is obtained by fraud, cannot allow fraud to perpetuate by accepting a plea of a person t....
Submission of a forged educational certificate for obtaining employment by promotion warrants dismissal and not reversion, and the terms of appointment do not cover obtaining appointment by fraud and....
Allegations of forgery must be substantiated by due process; denying retirement benefits without proper enquiry is unjustified, especially posthumously.
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