Rights acquired through fraud are vitiated, and in cases of proved fraud, principles of natural justice need not be observed.

Rakesh Tiwari, J.

This writ petition is directed against the impugned order dated 29.12.2005 passed by the Chief Manager, The Kisan Sahkari Sugar Mill Ltd., Ghosi, District Mau-respondent No. 2 (hereinafter called as 'the Mill'). By the order, appointment order of the petitioner has been cancelled in terms of provision of Clause 16 contained therein.

2. It appears that for the establishment of the Mill land was acquired by the State Government from the villagers of village Ghosi, Directions were issued by the State Government vide letters dated 21.2.1980; 6.7.1983 and 21.8.1989 to the effect that in case of acquisition of land of the villagers, one member of the displaced family shall be given employment on a post other than a post which falls within the purview of the U.P. Public Service Commission. The lands of one Sri Abdul Raseed, father of the petitioner and Sri Siddique, his real uncle were acquired.

3. The family pedigree of the petitioner is given hereunder for appreciation of the controversy involved in the case:

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4. Vacancies were advertised inviting applications for appointment in the Mills from the suitable candidate from the member of the family whose land was acquired Wali Mohd. the eldest brother of the petitioner applied pursuant to the advertisement. He was given appointment I the Mill from the family of Abdul Raseed. The petitioner- Dil Mohammad also applied for service claiming himself to be son of Sri Siddique (who was in fact his real uncle). In view of an affidavit said to have been sworn by Sri Siddique stating that Dil Mohammad was his son, the petitioner was given appointment by the Mills.

5. The alleged affidavit said to have been executed by Sri Siddique, on the basis of which the petitioner was given appointment in the Mills is as under-

Saputh Patra

1. Hamki Siddique bahalaf bayan karta him ki mera nam Siddique Mere Pita ka nam Saha Wall Sakunat gram Dharauli pargana va Tahasil Ghoshi Janpad Azamgarh hai.

2. Yah ki Main Siddique bahalaf bayan karta him ki meri aaraji bhumidhari baka mauja Kishan Sahakari Chini Mill Ghoshi main le li gayee hai.

3. Yah ki Main Siddique bahalaf bayan karta him ki main bahwajah jaiki kaam karne se majboor him. Jsliye main apne ladke Dil Mohammad putra Siddique ko karya karne ke liye adhikrit kar raha him.

4. Yah ki Main Siddique bahalaf bayan karta him ki uprokta majmoon bayan halfl sahi va satya hai. Isme koi baat jhoot nahin hai aur na chipai gai hai, Khuda meri madad kare. Bamukam Tahasil Ghosi tarikh 26,11,1987 is 0,

5. Aao. No. 425 Raqba 189 kadi.

Mohd. Siddique

Hastaksar Sapathkarta

6. When the petitioner started misbehaving with Sadrunishan widowed daughter-in-law and Mashian, the divorced daughter of Sri Siddique claiming the moveable and Immovable properties of Sri Siddique after his death, the fraud by the petitioner is said to have come to light. Mrs. Sadrunishan, the daughter-in-law of Sri Siddique then came to know that Dil Mohammad has obtained service in the mill by playing fraud misstating himself to be son of her father-in-law- late Sri Siddique she then made a complaint to the District Magistrate in this regard. On receipt of the complaint, the District Magistrate ordered for an enquiry and for taking action against the guilty person(s).

7. In pursuance of the order of the District Magistrate, the Chief Cane Officer of the Mill was appointed as enquiry officer to enquire into the allegations vide letter dated 19.7.2004. After enquiry from the villagers, the petitioner and the complainant, report dated 13.8.2005 was submitted by the Chief Cane Officer/enquiry officer that the petitioner was, in fact, son of Sri Abdul Raseed and had obtained employment in the mill by fraud showing himself as son of Siddique.

8. It is evident from record that the petitioner was afforded opportunity during enquiry proceedings wherein he admitted that he is son of Sri Abdul Raseed but also stated that he was adopted by Sri Siddique though he could not substantiate his c