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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN
Nevtej Kumar Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. By means of present writ petition, the petitioner has challenged an order dated 31.07.2021 passed by third respondent,[District Basic Education Officer, Ballia] [AFR], whereby services of the petitioner, who is an Assistant Teacher, have been terminated on the ground that he is alleged to have obtained appointment on the basis of forged certificate of freedom fighter’s dependent. By the order impugned, he has also been directed to deposit the salary back, received by him, into the State Exchequer.
2. Facts of the case, in brief, are that the petitioner was appointed as an Assistant Teacher in Junior Basic School, Yadav Basti Chibbi, Block Chilkahar, Ballia, under the category of dependents of freedom fighter[DFF] He joined his services on 22.10.2020 and since then he has been working on the aforesaid post. During verification of documents, it revealed that dependent certificate of freedom fighters dated 04.04.2008 as provided by the petitioner is not available at Sl. No. 1114 in the relevant records of District Magistrate, Ballia – fourth respondent, whereas name of one Harmeet Singh is mentioned at Sl. No. 1114. Thereafter, the third respondent is
An employee cannot be held guilty of fraud or forgery without clear evidence of intentional misrepresentation, especially when documentation discrepancies arise from administrative errors.
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.
Employment obtained through fraudulent documentation does not require adherence to formal disciplinary procedures, as fraud vitiates employment.
Fraudulent documentation undermines claims for educational qualifications, disallowing entitlement effects from misrepresentation; courts emphasize integrity in certification processes.
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.
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