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ANJANI KUMAR MISHRA, JAYANT BANERJI
Riazul Hasan – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Per : Hon'ble Jayant Banerji, J.)
1. This Special Appeal was heard and judgment was reserved on 29.7.2024. However, thereafter the counsel for the respondent no.4, Sampurnanand Sanskrit Vishwavidyalaya made a mention seeking permission to submit his short written submission which permission was granted and he submitted the same on 2.8.2024.
2. The appellant states that he passed Purva Madhyama in the year 1986, Uttar Madhyama in 1988 and also Shastri Degree, all from the respondent no.4-Sampurnanand Sanskrit Vishwavidyalaya, Varanasi[Vishwavidylaya]. He also obtained his B.Ed. Degree from Purvanchal University, Jaunpur. In the year 2004, the State Government imparted six months Special Teacher Training known as Special B.T.C.-2004 to candidates possessing teaching qualifications which training was also undergone by the petitioner-appellant. The petitioner-appellant appeared in the final exam thereafter and acquired a Special B.T.C. training certificate. The appellant was issued an appointment letter dated 26.12.2005 granting him appointment as Assistant Teacher in a Junior Basic School in District Jyotibha Phule Nagar, which appointment letter was issued by the Basic Educa
Termination of service without a proper inquiry violates Article 311(2) of the Constitution, emphasizing the necessity of due process in employment matters.
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
An appointment obtained through fraud or misrepresentation is void ab initio, and procedural safeguards do not apply in such cases.
Employment obtained through fraudulent documentation does not require adherence to formal disciplinary procedures, as fraud vitiates employment.
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 void ab-initio nature of the appointment based on forged and fabricated documents, leading to the termination of the petitioner's services.
Fraud vitiates all proceedings; employment obtained through fraudulent means does not require adherence to procedural protections under disciplinary rules.
Appointments obtained through forged documents are void ab initio, and failure to comply with verification processes undermines claims to employment despite long service, reaffirming minority institu....
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