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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Monu – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. Vide this common order, I intend to dispose of CWP Nos.4559 and 3344 of 2025, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CWP-4559-2025.
2. The civil writ petition (CWP-4559-2025) has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned order dated 17.01.2025 (Annexure P-12) whereby the petitioner was relieved from duties and for a writ of mandamus directing the respondents to reinstate the petitioner and to grant salary for the period worked.
3. There is no representation on behalf of the petitioners (in CWP-3344-2025) despite the case being called out twice.
3.1. Learned counsel for the petitioner (in CWP-4559-2025) inter alia contends that the petitioner served the respondent Nigam since 2018 and performed his duties with utmost honesty and integrity. He refers to the ITI certificate from National Industrial Training Institute. He submits that the petitioner was not given adequate opportunity during the inquiry and that the impugned action is arbitrary and illegal.
4. Per contra, learned
An appointment based on an invalid qualification from an unrecognized institution is void ab initio; termination in such cases does not violate legal rights.
Employment termination due to fraudulent certification requires strict adherence to prescribed regulations, prioritizing lawful procedures even post long service. Fraud undermines legitimacy, mandati....
The main legal point established in the judgment is that without the minimum qualification, an employee has no right to continue in public employment, even if the employee was not at fault for obtain....
The court upheld the termination of petitioners as they failed to prove their qualifications from a recognized institution, violating no principles of natural justice.
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
Termination of service without a proper inquiry violates Article 311(2) of the Constitution, emphasizing the necessity of due process in employment matters.
The court affirmed that an employee cannot be terminated without proper inquiry and adherence to disciplinary procedures, especially when no fraud or misrepresentation occurred during appointment.
The petitioner was not entitled to regularization of service from 01.01.2006 onwards due to government policy and lack of compliance with minimum service period for pension eligibility.
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