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RAVI SHANKER JHA, ARUN PALLI
Parul – Appellant
Versus
Uttar Haryana Bijli Vitran Nigam Limited – Respondent
JUDGMENT
Mr. Ravi Shanker Jha, CJ. (Oral)
This appeal has been filed by the appellant being aggrieved by order dated 10.03.2023, passed in CWP-22231-2020, whereby the appellant's petition, seeking quashing of the order dated 16.12.2020, vide which the services of the petitioner on the post of Lower Divisional Clerk in the establishment of respondent(s) has been terminated for producing a fraudulent certificate, has since been dismissed by the learned Single Bench of this Court.
2. The facts leading to filing of the present appeal are that the respondent-authorities issued an advertisement in the year 2016 for making appointment to the posts of Lower Divisional Clerks. The appellant applied pursuant to the same and along with her application, she filed document to indicate that she had 'O' Level course certificate issued by NIELIT, which was a necessary eligibility qualification prescribed in the advertisement. Thereafter, the appellant on the basis of the said certificate appeared in the selection process and was ultimately appointed as LDC, vide letter dated 10.06.2019.
3. The respondent-authority got the authenticity and veracity of 'O' Level certificate produced by the appellant
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
Employment termination due to fraudulent certification requires strict adherence to prescribed regulations, prioritizing lawful procedures even post long service. Fraud undermines legitimacy, mandati....
An appointment obtained through fraud or misrepresentation is void ab initio, and procedural safeguards do not apply in such cases.
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.
(1) Termination – Forged appointment – When allegation of forgery or fraud has been made by State Government, it must have some foundation – Mere correspondence of an officer alleging non-issuance of....
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