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SAURABH SHYAM SHAMSHERY
Shiv Kumar Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. By means of present writ petition petitioner has challenged order dated 20.07.2023 passed by District Basic Education Officer, Deoria whereby petitioner’s appointment on the post of Assistant Teacher in a Primary School was cancelled as after inquiry it was found that he got appointment on basis of forged educational documents.
2. It is not in dispute that petitioner was selected and appointed as Assistant Teacher in Primary School Harnahi Chakarwa Bahordas, District Deoria on 24.12.2005. Later on he was promoted as Headmaster on 15.12.2008. In the year 2015 on a complaint that petitioner got appointment on basis of forged educational documents, an inquiry was initiated and office of District Basic Education Officer, Deoria vide order dated 09.11.2015 verified the documents and found that there was no ambiguity and documents were forwarded for further verification. Said order in its entirety is reproduced hereinafter:
3. Sri Girijesh Tiwari, learned counsel for petitioner, submitted that even after above order whereby documents submitted by petitioner at the time of appointment were found genuine still proceedings were initiated and on basis of
The main legal point established in the judgment is that a plea of prejudice due to non-supply of the inquiry report is not valid if the delinquent employee did not deny the charges and could not est....
Employment obtained through fraudulent documentation does not require adherence to formal disciplinary procedures, as fraud vitiates employment.
Fraudulent appointments in public service are void ab initio, and individuals cannot claim rights or benefits from such appointments.
Fraud vitiates all proceedings; employment obtained through fraudulent means does not require adherence to procedural protections under disciplinary rules.
The court's jurisdiction is limited to correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice.
An appointment secured through fraudulent documents is void ab initio, and no formal inquiry is required for cancellation; fraud vitiates all actions taken under such circumstances.
The main legal point established in the judgment is the requirement for procedural fairness and compliance with the principles of natural justice in disciplinary proceedings, including the appointmen....
An appointment secured through fraudulent means, such as a forged educational certificate, is void ab initio, and the individual is not entitled to any employment benefits or protections under the la....
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