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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK, HIRDESH
Shailesh Singh Bhadouriya – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Anand Pathak, J.
1. The present appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is preferred by the appellant being crestfallen by the order dated 24.03.2025 passed by learned Single Judge in Writ Petition No.4715 of 2014, whereby the writ petition filed by the appellant has been dismissed.
2. Precisely stated facts of the case are that appellant was appointed on the post of Lower Division Clerk vide order dated 15.07.1988 passed by the Chief Medical and Health Officer, Narsinghpur. Thereafter, vide order dated 31.05.1989, the services of petitioner were absorbed in the office of Chief Medical and Health Officer Morena in Universal Immunization Center, Morena. In compliance thereof, he joined at Morena on 09.06.1989. Since then he was working in the department.
3. It appears that some complaints were made to Lokayukta and inquiry started by Lokayukta organization with regard to his appointment. Therefore, a show cause notice dated 09.05.2014 was issued by respondent No.4-Joint Director, Health Services, City Center, Gwalior alleging foul play in appointment of petitioner. Name and address of father of appellant in th
An appointment obtained through fraudulent means is null and void, and no departmental inquiry is required to terminate such service.
(1) Termination – Forged appointment – When allegation of forgery or fraud has been made by State Government, it must have some foundation – Mere correspondence of an officer alleging non-issuance of....
Fraudulent appointments in public service are void ab initio, and individuals cannot claim rights or benefits from such appointments.
Employment obtained through fraudulent documentation does not require adherence to formal disciplinary procedures, as fraud vitiates employment.
The obligation to hold an enquiry before imposition of major punishment and the principles of natural justice must be adhered to in cases of termination of service.
Fraud vitiates all proceedings; employment obtained through fraudulent means does not require adherence to procedural protections under disciplinary rules.
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