Back
IN THE HIGH COURT OF ALLAHABAD
AJAY BHANOT
Hirdesh Kumar – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. termination due to forged certificate. (Para 1 , 2) |
| 2. arguments regarding termination process. (Para 3 , 4) |
| 3. verification of educational qualifications. (Para 5 , 6 , 8) |
| 4. natural justice was followed. (Para 9 , 10 , 11 , 12) |
| 5. fraud invalidates employment. (Para 13 , 14 , 15 , 16) |
| 6. disciplinary inquiry necessity clarified. (Para 17 , 18 , 19) |
| 7. judgment upheld; petition dismissed. (Para 20 , 21 , 22) |
JUDGMENT :
Ajay Bhanot, J.
1. The judgment is being structured in the following conceptual framework to facilitate the discussion:
| I. | Introduction |
| II. | Submissions of learned counsel for the parties |
| III. | Issues |
| IV. | Facts |
| V . | Compliance of principles of natural justice |
| VI. | Departmental Enquiry: District Basic Education Officer and another vs. Punita Singh and others rendered in Special Appeal Defective No. 506 of 2024 |
| VII. Conclusion |
I. Introduction:
2. By the impugned order dated 28.09.2024 the services of the petitioner as Assistant Teacher have been terminated on the footing that the Intermediate Certificate submitted by the petitioner at the time of his appointment was found to be forged.
II. Submissions of learned counsel for the parties:
3. Shri Siddharth Khare, learned counsel
Employment obtained through fraudulent documentation does not require adherence to formal disciplinary procedures, as fraud vitiates employment.
Fraud vitiates all proceedings; employment obtained through fraudulent means does not require adherence to procedural protections under disciplinary rules.
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
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.
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 fraud or misrepresentation is void ab initio, and procedural safeguards do not apply in such cases.
Fraudulent appointments in public service are void ab initio, and individuals cannot claim rights or benefits from such appointments.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
