Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Mad) 76723

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
D.Chithra – Appellant
Versus
The Registrar of Cooperative Socieities – Respondent
W.P.No.10499 of 2023 | WMP.Nos.941 & 942 of 2023

Advocates:
For the Appellants/Petitioners: C. Prakasam
For the Respondents: E.P. Senniyangiri

A fraudulent appointment, even after years of service, is void ab initio and cannot be sustained; termination for fraud is valid and no equity arises from long service.

Headnote:(A) Constitution of India - Article 226 - Writ jurisdiction - Fraudulent appointment - Termination - Petitioner appointed as Saleswoman in a cooperative society - Later found that her name was not in the list of 104 selected candidates - Appointment was over and above the vacancy - The then Joint Registrar had issued ante-dated selection order after retirement - Such appointment is void ab initio - Long service does not cure fraud - No right arises from own wrongdoing (jus ex injuria non oritur) - Termination upheld. (Paras 7-12)

(B) Service Law - Termination - Show cause notice - Natural justice - Enquiry conducted - Petitioner failed to justify her appointment - Findings of fact that appointment order was fraudulent - Court in earlier writ had directed fresh enquiry - After enquiry, termination valid. (Paras 8-10)

Facts of the case:
The petitioner was appointed as Saleswoman in a cooperative society on 28.03.2013 pursuant to an interview. She worked till 30.10.2017 when she was terminated without enquiry. She filed a writ petition; the court directed a show cause notice and enquiry. After enquiry, the second respondent terminated her services on 05.10.2018 on the ground that the petitioner’s name did not figure in the selection list of 104 candidates, the appointment was obtained fraudulently, and the then Joint Registrar had retired but issued an ante-dated selection order. The petitioner challenged the termination before the High Court.

Findings of Court:
The court perused the enquiry report and earlier related writ petitions. It found that a Fact Finding Committee had concluded that the petitioner was not selected and her name was not in the list of 104 selected candidates. The then Chairman of the District Recruitment Bureau had manipulated and obtained an appointment order. The court held that the appointment itself was fraudulent. The fact that the petitioner worked for over five years does not confer any right when the initial appointment is void ab initio. The Supreme Court’s decision in Devendra Kumar v. State of Uttaranchal was applied, which holds that obtaining an appointment by misrepresentation or fraud makes the service liable for termination.

Issues: Whether the termination of the petitioner’s service was valid when she had worked for over five years and the appointment was allegedly obtained by fraud? Whether the petitioner could claim any equity on the ground of long service?

Ratio Decidendi: Where an appointment is obtained by fraudulent means, it is void ab initio and cannot be sustained in the eyes of law. No person can take advantage of his or her own wrong. Long length of service does not cure the illegality of the initial appointment. A termination on the ground of fraud is justified even without a formal disciplinary enquiry where the facts are clear from an earlier court-ordered investigation.

Result: Writ petition dismissed. No costs. Connected miscellaneous petitions closed.

ORDER

The writ petition has been filed seeking to quash the impugned order passed by the second respondent dated 05.10.2018 and to direct the respondents to reinstate the petitioner into service as Saleswoman in the 5^th respondent- Society along with backages, attendant benefits and other monetary benefits.

2. The case of the petitioner is that she was appointed in the 5^th respondent Society as Saleswoman on 28.03.2013, pursuant to the interview conducted by the second respondent. She worked in the 5^th respondent Society till 30.10.2017. On 01.11.2017, without conducting any enquiry, the petitioner was terminated from service by the proceedings of the 5^th respondent, alleging that no appointment order was issued by the District Recruitment Bureau. She, thereafter, approached this Court in W.P.No.28626 of 2017. Based on the interim orders of this Court dated 09.11.2017, the petitioner was allowed to join duty on 12.11.2017. Subsequently, W.P.No.28626 of 2017 was disposed of by orders of this Court dated 07.06.2018, in and by which, it directed the respondents to issue show cause notice to the petitioner and to call for explanation from the petitioner with regard to her appointment order.

3. Pursuant to the directions of this Court, notice was sent to the petitioner on 16.07.2018. On 04.08.2018, the petitioner had submitted his explanation and also produced the interview card and appointment order issued by the second respondent. However, vide proceedings of the second respondent dated 05.10.2018, the petitioner was terminated from service stating that the 5th respondent-Society itself do not find a place in 2012-2013 Recruitment, as there existed no vacancy for the post of Saleswoman in the said Society, then. In the said circumstances, alleging that the appointment order produced by the petitioner had been obtained in an illegal manner and therefore, she could not continue to serve in the 5^th respondent-Society any more, she was terminated from service forthwith.

4. Aggrieved by the impugned order, the petitioner is before this Court in the present writ petition.

5.1 The counter affidavit has been filed by the respondents 2,3 & 4. The respondents would submit that in the year 2013, a similarly placed person has approached this Court in W.P.No.25528 of 2013 seeking to quash the order terminating his services in Thiruvalangadu Primary Agricultural Cooperative Credit Society. This Court had obtained a report from the Registrar of Co- operative Societies, in which, the said authority has stated about the ingenuity on the part of the petitioner therein. In addition, it has also stated that an appropriate action may be contemplated to terminate the services of other three individuals namely Thiru.R.Balakrishnan (MelaBoothonur), Tmt.D.Chitra (Mela Boothonur) (petitioner herein) and Thiru.K.Ravichandran (Theralunthur), as their names do not figure in the DRB selection list and also to initiate disciplinary action against the persons responsible for issuing the said appointment orders. Recording the above, this Court by order dated 11.04.2017, dismissed the above W.P.No.25528 of 2013. Pursuant to the orders of the Court, the second respondent vide its proceedings dated 01.11.2017, had terminated the services of the petitioner herein. This proceedings was challenged by the petitioner in W.P.28626 of 2017. This writ petition was disposed of by this Court with a direction to the respondents to issue show cause notice to the petitioner and on receipt of explanation from the petitioner, final orders shall be passed.

5.2 In compliance of the directions of this Court, the second respondent issued show cause notice to the petitioner on 07.06.2018 to appear for hearing on 26.09.2018. On 26.09.2018, the petitioner had deposed that she had been served with the selection order at her native place, however in her written defence dated 04.08.2018, she had stated that she obtained the orders from the Special Officer of the fifth respondent Society. Therefo

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2025 Supreme(Online)(Mad) 76723

IN THE HIGH COURT OF JUDICATURE AT MADRASHonourable Ms. Justice P.T. ASHAD.Chithra – AppellantVersusThe Registrar of Cooperative Socieities – RespondentW.P.No.10499 of 2023 | WMP.Nos.941 & 942 of 2023

A fraudulent appointment, even after years of service, is void ab initio and cannot be sustained; termination for fraud is valid and no equity arises from long service.

Cases Referred (1)

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
D.Chithra – Appellant
Versus
The Registrar of Cooperative Socieities – Respondent
W.P.No.10499 of 2023 | WMP.Nos.941 & 942 of 2023