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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Sunil Kumar – Appellant
Versus
Managing Director – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. This common order shall dispose of all the writ petitions mentioned above as they arise from similar factual matrix and also pose a similar question of law. However, for the sake of brevity, the facts are taken from CWP-18580-2016.
2. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of office order No.228 dated 30.08.2016 (Annexure P-6) whereby the petitioner has been ordered to be dismissed from service, as well as show cause notice dated 14.03.2016 and all consequential proceedings arising therefrom.
FACTUAL BACKGROUND
3. The respondent-DHBVN initiated recruitment process for filling up the vacancies for the post of Assistant Lineman (ALM) and various other posts through respondent No.4-Haryana Staff Selection Commission vide advertisement No.4 of 2008. The advertisement laid down the following eligibility criteria:
“Matric with two years ITI in Electrician/Wireman trade or having 2 years Vocational Course under the trade of Lineman conducted by Director, ITI &Vocational Education, Haryana from any institute recognised by the State Gove
Employment termination due to fraudulent certification requires strict adherence to prescribed regulations, prioritizing lawful procedures even post long service. Fraud undermines legitimacy, mandati....
Point of law: it is always permissible for the authority not to perpetuate illegality once having been noticed and here in the instant case, from the initial stage itself, before allowing the petitio....
The use of fraudulent documentation for securing employment constitutes grave misconduct, warranting dismissal rather than mere discharge.
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
The main legal point established in the judgment is the importance of eligibility on the cut-off date and the principle of estoppel in relation to the eligibility criteria for government appointments....
An appointment based on an invalid qualification from an unrecognized institution is void ab initio; termination in such cases does not violate legal rights.
The termination of services based on misconduct and forged certificates was justified under the Haryana Affiliated College (Security of Service) Rules, 2006, and the writ petitioner was given a fair ....
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