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2024 Supreme(Mad) 1896
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI, J.
G.Sarawathy – Appellant
Versus
The Principal Secretary Government – Respondent
W.P.(MD)No.9859 of 2023, W.M.P.(MD)Nos.8688, 8690, 8691 and 23442 of 2023
Decided on : 09-12-2024
Advocate Appeared:
For the Appellant : Mr.R.Maheswaran
For the Respondents:Mr.C.Baskaran Government Advocate, Mr.J.Anand kumar
Fraudulent concealment of material facts invalidates employment claims, justifying disciplinary action and dismissal.
Headnote:(A) Constitution of India - Article 226 - Writ Petition for reinstatement and regularization of service - Petitioner, a Destitute Widow, appointed under the category, faced dismissal due to alleged fraud in obtaining the certificate - Court held that fraud vitiates all solemn acts and upheld dismissal despite the enquiry officer's findings. (Paras 8, 12, 14)
(B) Natural Justice - Principles of natural justice do not apply where fraud is established, as it undermines the foundation of the appointment. (Paras 12, 14)
Facts of the case:
The petitioner, after her husband's death, obtained a Destitute Widow Certificate and was appointed as Junior Assistant cum Typist. However, her family pension was not disclosed, leading to allegations of fraud and subsequent dismissal.
Findings of Court:
The court found that the petitioner’s failure to disclose her family pension constituted fraud, justifying her dismissal from service.
Issues: The main issues were the validity of the Destitute Widow Certificate and the implications of the petitioner’s failure to disclose her family pension.
Ratio Decidendi: The court ruled that fraud vitiates all transactions, and the petitioner’s fraudulent act undermined her appointment, justifying dismissal.
Result: Writ Petition dismissed.
ORDER :
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in 
dated 03.04.2023, on the file of the third respondent and to quash the same and further directing the 3rd respondent to reinstate the petitioner in service as Junior Assistant cum Typist and to regularize the petitioner's initial appointment of Junior Assistant cum Typist forthwith and pay with withheld increments along with arrears to the petitioner with interest.
The Writ Petition has been filed, to quash the impugned order dated 03.04.2023, on the file of the third respondent and further directing the 3rd respondent to reinstate the petitioner in service as Junior Assistant cum Typist and to regularize the petitioner's initial appointment of Junior Assistant cum Typist forthwith and pay with withheld increments along with arrears to the petitioner with interest.
2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 to 4, 6 and 7, the learned counsel appearing for the fifth respondent and carefully perused the entire materials available on record.
3. The petitioner's husband Thiru.T.Muthuswamy, (Emp. No. 210/C821), while working in M/s.Ashok Leyland Company Ltd., died in harness on 21.02.1994. In accordance to G.O.Ms.No.395, Personnel and Administrative (Per-S) Department, dated 04.11.1993, the petitioner applied to the Revenue Divisional Officer, Pudukottai, seeking certificate for Destitute Widow. She was issued Destitute Widow Certificate, vide a Reference No.A8/9922/94, dated 28.07.1994, by the Revenue Divisional Officer, Pudukottai.
4. The petitioner applied for the post of Junior Assistant cum Typist included in Group IV Services 1996-1997 conducted by the fifth respondent Tamil Nadu Public Service Commission under the Destitute Widow Category (Register No.212218). By virtue of the Destitute Widow Certificate issued by the Revenue Divisional Officer, Pudukottai, the petitioner was provisionally selected for appointment to the post of Junior Assistant cum Typist and she was allotted to the Department of the second respondent, vide fifth respondent Memorandum No.723/PSD-D3/99, dated 20.01.1999. Thereafter, she was issued with a posting order and she joined duty on 12.02.1999 in Government Industrial Training Institute, Pudukottai. She was subsequently transferred to the office of the seventh respondent and she joined duty on 07.05.2005.
5. In the interregnum, on verification of genuineness of the petitioner's Destitute Widow claim by the fifth respondent Commission, the District Collector, Pudukottai, the head of the authority, who issued Destitute Widow Certificate to the petitioner, in Letter No.33863/94/R1, dated 23.01.2001, has informed that as per revised instructions issued in G.O.Ms.No.395, Personal and Administrative Reforms (Per-S) Department, dated 04.11.1993, a person was eligible for issuance of Destitute Widow Certificate only if income from all the sources including pension does not exceed Rs.1,000/- per month. But in the case of the petitioner, she was in receipt of a family pension of Rs.1,750/- per month from 22.02.1994, after the demise of her husband Thiru.Muthusamy, who died while serving in M/s.Ashok Leyland and declared the Destitute Widow Certificate dated 28.07.1994, issued to her by the Revenue Divisional Officer, Pudukottai, as bogus and sought the original certificate from the 5th respondent to be cancelled, if it was available with them.
6. Under such circumstances, the 5th respondent removed the name of the petitioner, who was selected under the Destitute Widow category from the approved list, vide a Letter No.723/PSD-D3/99, dated 02.11.2001 and communicated the same to the 3rd respondent, seeking a copy of termination order. Accordingly, a show cause notice was issued to the petitioner, alleging that she was not eligible for appointment u
