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RAJAN ROY
Shailendra Kumar Tandon – Appellant
Versus
State Of U. P. Thorugh The Secy. Dept. Of Medical And Health – Respondent
JUDGMENT :
1. Heard.
2. By means of this petition, the petitioner has inter alia challenged an order dated 01.09.2008 passed by opposite party no.4 i.e. the then Registrar, U.P. Pharmacy Council and another order dated 14.11.2018 passed by opposite party no.3-the President of the U.P. Pharmacy Council. Inquiry Report dated 27.09.2018 containing findings of a Committee constituted by the State Government in pursuance to orders passed by this Court in these proceedings to ascertain the veracity of the appointment of the petitioner as claimed has also been challenged by way of an amendment to the writ petition.
3. The facts of the case in brief are that according to the petitioner he was engaged vide order dated 12.04.1982 as Junior Assistant for three months on temporary basis w.e.f. 12.04.1982 by an order of the same date. The said appointment was extended from time to time vide orders dated 11.07.1982, 08.10.1982, 07.01.1983. Ultimately, the Registrar who is the appointing authority of the said post in view of Rule 70 of U.P. Pradesh Pharmacy Rules made by the State Government under the Pharmacy Act, 1948, wrote to the President regarding arrangement for regular appointment of the pet
The main legal point established in the judgment is the requirement for regular appointment against sanctioned posts and the need for proper procedure and fair selection in conformity with the Consti....
An employee's salary cannot be withheld without proper departmental proceedings, and irregular appointments can be regularized through continued service and promotions.
The main legal point established in the judgment is that the appointment of the petitioner as an Assistant Teacher was made against a substantive vacancy, entitling the petitioner to regularization u....
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....
An appointment obtained through fraudulent means is null and void, and no departmental inquiry is required to terminate such service.
The obligation to hold an enquiry before imposition of major punishment and the principles of natural justice must be adhered to in cases of termination of service.
The main legal point established in the judgment is the void ab-initio nature of the appointment based on forged and fabricated documents, leading to the termination of the petitioner's services.
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