Fraud vitiates appointments, and the authorities are not required to conduct a departmental enquiry before terminating the services of an individual who secured the appointment through fraud.

( 1 ) HEARD Sri B. N. Singh, learned counsel for the petitioner and learned standing counsel.

( 2 ) BRIEFLY stated the facts giving rise to this writ petition are that the petitioner was appointed as basic Health Worker, vide order of the Chief Medical Officer, Jalaun at Orai dated 15. 12. 1989 and was required to join at the Primary Health Centre Nadigaon. She was not allowed to join and was not paid her salary. She filed a writ petition No. 135 (SS) of 1995 before the Lucknow bench of this Court which was disposed of on 16. 1. 1995 with the directions to the Director, maternity and Child Welfare (MC) U. P. to consider her representation.

( 3 ) A charge sheet was issued to the petitioner for remaining absent from duties to which she submitted a reply denying the allegations and requested for permission to join. By an order dated 9. 5. 1995 passed by the Chief Medical Officer, Jalaun at Orai her services were terminated under u. P. Temporary Government Servant (Termination of Service) Rules 1975, with immediate effect making her entitled to one months salary in lieu of notice. The termination order is under challenge in this writ petition, which was filed at Lucknow on 26. 5. 1995, as the petitioner has challenged the vires of Section 5-B of U. P. Public Services Tribunals Act 1976 as amended in 1992; Notices were issued to the Advocate General. On 28. 8. 1995, the operation of the termination order was stayed by the Court,

( 4 ) THE matter came up for hearing on 17. 9. 2002. The Court passed following orders on the writ petition;

"this is a writ petition challenging the order dated 9th May, 1995 passed by Chief medical officer, Jalaun terminating the services of petitioner. This case is not cognizable by Lucknow bench but it is cognizable by Allahabad High Court, Allahabad. Let this file be sent to Allahabad High Court, Allahabad, if possible, within one month and thereafter the case may be listed before the appropriate court at Allahabad. "

( 5 ) THE record was transmitted to Allahabad, nominated to this Bench and was heard after exchange of pleadings on 23. 5. 2005.

( 6 ) IN the counter affidavit of Dr. Ganesh Prasad, Medical Officer in the office of Chief Medical officer, Jalaun, it is stated that petitioner was registered with the District Employment Office orai on 15. 12. 1989 as Trained Mahila Basic Health Worker vide registration No. W/568/89. She appeared before the Chief Medical Officer with a letter dated 11. 12. 1989 purportedly issued under the signatures of Joint Director, Maternity and Child Welfare, U. P. and submitted her joining report. She represented before the Chief Medical Officer that she is a trained Auxiliary nurse and Midwife from Allahabad with Roll No. 645. At the time of joining, she produced the following documents; 1. Receipt No. 3433 for moving for registration with U. P. Nurses and Midwife Council. 2. Character Certificate issued by Medical Officer, Incharge Primary Health Centre, Azamgarh. 3. Attested copy of mark sheet of High School examinations of 1986. 4. Attested copy of High School Certificate of the year 1986.

( 7 ) ON the basis of the letter of the Joint Director and the documents produced by her, she was allowed to join vide orders dated 15/27. 12. 1989. Some complaints were received by the State government that fictitous and forged appointments orders have been prepared or obtained by many persons in the Medical and Health Department. A Government Order dated 21. 12. 1993 was issued to cause scrutiny of these appointments and to take necessary action. In pursuance thereof the Department verified the registration receipts issued to the petitioner. In response to the letter of the Chief Medical Officer, Jalaun, the U. P. Nurses and Midwife Council vide letter dated 30. 6. 1992, informed him that the petitioner has not been registered as Trained Basic health Worker and that her name did not find place in the records. On receipt of this report, the petitioner was required to