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MANOJ KUMAR TIWARI
Rohitas Singh – Appellant
Versus
Director, Primary Education, Uttarakhand – Respondent
JUDGMENT :
MANOJ KUMAR TIWARI, J.
1. Petitioner was appointed as Assistant Teacher in a Basic School in erstwhile State of Uttar Pradesh, vide order dated 14.02.1997. A charge-sheet dated 07.09.2015 was served upon him with a covering letter dated 24.09.2015, asking petitioner to give reply to the charge that he obtained appointment on the post of Assistant Teacher on the basis of forged marks sheet of Basic Teachers Certificate (B.T.C.) and marks sheets/certificates of High School and Intermediate Examination.
2. The reply given by petitioner to the charge-sheet is on record as Annexure CA-2 to the counter affidavit filed by respondent no. 3. Perusal of reply reveals that petitioner did not deny the charges, and he simply said that he has produced the evidence regarding the charges before Hon’ble High Court, and whatever decision is taken by Hon’ble Court, shall be acceptable to him.
3. It is revealed that petitioner was put under suspension, vide order dated 25.08.2015 and he had challenged the suspension order by filing WPSS No. 2055 of 2015, which was disposed of vide order dated 07.01.2016 with a direction to the Competent Authority to conclude the disciplinary proceeding within t
The main legal point established in the judgment is that a plea of prejudice due to non-supply of the inquiry report is not valid if the delinquent employee did not deny the charges and could not est....
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 court emphasized that a person who procured appointment based on forged documents cannot be entitled to sympathy and must be dealt with strictly.
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....
The judgment emphasizes the importance of a fair and transparent inquiry process, ensuring the right to cross-examine witnesses and present a defense, as mandated by Rule 9 of the Nagaland Services (....
Employment obtained through fraudulent documentation does not require adherence to formal disciplinary procedures, as fraud vitiates employment.
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