No question of eligibility if appointment sought by fraud: Punjab High Court.
The Punjab High Court, in Parul v/s Uttar Haryana Bijli Vitran Nigam Limited and another (LPA-296-2023(O&M), delivered on 17th March 2023, held that fraud renders the appointment void ab initio. The judgement was presided by Honorable Mr. Justice Ravi Shankar Jha and Honorable Mr. Justice Arun Pillai.
FACTS OF THE CASE:
The appellant had filed a petition when she her service was terminated as a divisional clerk on the grounds of fraud. In an advertisement dated 2016, the appellant applied for the position of lower divisional clerk. A certificate issued by NIELIT with ‘O’ level course was one of the mandatory documents to be submitted for qualification. The appellant submitted the said certificate to appear in the examination. The respondent later found the certificate submitted as not genuine. A letter from NIELIT confirmed that the said certificate of the appellant was issued to some other candidate and appointment had never been issued to her by NIELIT. Thereby, a letter was issued to the appellant terminating her services. The appellant filed a writ petition in this regard. The learned counsel for the appellant contended that she was qualified based on fulfilment of the other eligibility requirements.
JUDGEMENT:
The Court observed the advertisement posted and the certificate issued by NIELIT. In the appointment letter, termination without notice was mentioned based on any wrong statement in the affidavit by the candidate. The Court held that the appellant was given sufficient time and opportunity to defend herself, but it was evident that she had obtained the certificate by fraud. The Court laid a reference to Meghmala and others v/s G. Narasimha Reddy and other, (2010(8) SCC 383). The Court held that no fault was found in the action taken by the authorities in terminating the service of the appellant.
JUDGEMENT REVIEWED BY ARYA THAKUR.
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