YASHWANT VARMA
Narendra Kumar Tripathi – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT
Yashwant Varma, J.
1. Heard learned counsel for the petitioner and Sri Arun Kumar, learned counsel who appears for the respondents.
2. The petitioner is aggrieved by the orders of 3 July 2020 and 7 October 2020 passed by the respondents. In terms of the first order, it has been found upon due verification that the B.A. marksheet on the basis of which the petitioner obtained employment was forged. Consequent to that order, the services of the petitioner has been brought to an end. By the second order the respondents have also passed directions for recovery of all emoluments which have been paid to the petitioner. It becomes pertinent to note that the finding of the respondents that the petitioner obtained employment on the basis of a forged mark sheet is neither disputed nor challenged by the petitioner before this Court with learned counsel for the petitioner candidly stating that the petitioner had no defense to proffer.
3. Learned counsel for the petitioner placing reliance on the decision rendered by a learned Judge in Abhiram Vs. State of U.P. And 3 Others, Writ - A No.8657 of 2020 decided on 02.11.2020 and the judgment of the Division Bench in Smt. Parmi Maurya Vs. Sta
Stateof Karnatakav. Umadevi(3)
DevendraKumarv. State of Utaranchal
Rajasthan Tourism Development Corpn. Ltd. v. Intejam Ali Zafri
Appointments must be validated through due process; wrongful termination without fair hearing violates Article 311 rights, making the claim for retiree benefits legally enforceable.
Court in its jurisdiction under Article 226 of Constitution of India, where it is established that appointment is obtained by fraud, cannot allow fraud to perpetuate by accepting a plea of a person t....
Fraud vitiates all proceedings; employment obtained through fraudulent means does not require adherence to procedural protections under disciplinary rules.
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