AJAY BHANOT
Saurabh Srivastava – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Ajay Bhanot, J.)
1. Shri Rahul Mishra and Shri Vikram Bahadur Singh, learned counsel for the petitioner, Sri Hare Ram, learned counsel for the BSA and Ms. Shruti Malviya, learned brief holder on behalf of the State.
2. By the impugned order dated 04.10.2024, the appointment of the petitioner has been cancelled on the footing that his educational testimonials/certificates pertaining to the TET Examination were found to be forged.
3. The petitioner was noticed by order dated 27.04.2024 that his educational certificates of TET were found to be forged. A report from the Board of the High School and Intermediate Education dated 02.09.2020 which had purportedly issued the said certificate had recorded that the petitioner had failed in the TET Examination. The documents adverse to the petitioner including the report of the Board of High School and Intermediate Education were served upon the petitioner along with the show cause notice. The petitioner in response to the show cause notice acknowledged the receipt of the aforesaid report issued by the Board of High School and Intermediate Education dated 02.09.2020. The reply to the show cause notice by the petitioner adverts to certa
R. Vishwanatha Pillai Vs. State of Kerala and Others
Fraud vitiates all proceedings; employment obtained through fraudulent means does not require adherence to procedural protections under disciplinary rules.
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.
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
(1) Compassionate appointment cannot be claimed as a matter of right – A person, claiming appointment on such ground, has to demonstrate his relationship to deceased person and eligibility for appoin....
Termination of service without a proper inquiry violates Article 311(2) of the Constitution, emphasizing the necessity of due process in employment matters.
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