Appointment obtained by suppressing material facts resulting in Constitutional fraud will be void-ab-initio


Satish Chandra Gupta - Petitioner

Vs

Steel Authority of India Limited (SAIL), Bokaro & Others - Respondents


Facts of the Case:
Petitioner was appointed as Management Trainee (Administration) by the Respondents. After rendering continuous services under respondents for fifteen years, he was served a charge sheet alleging that while applying for the job he presented false information about his caste (He had stated that he belonged to Scheduled Caste and had thus succeeded in getting the job under reserved category).

As a result, a departmental proceeding was initiated against him whereby he was found guilty and was terminated. Being aggrieved, the Petitioner placed an appeal before the Chairman of SAIL who dismissed the appeal.  There after he approached the Jharkhand High Court.

In his application to the High Court, he stated that though he claimed he belonged to Scheduled Caste, he had also mentioned that he belonged to the TELI community (which was then conferred OBC status) and had also annexed the caste certificate. Also, in the interview call letter and the appointment letter it was stipulated that the result of interview and appointment would be subject to verification of the caste certificate. Hence, it was claimed to be negligence on part of the respondents, as they failed to verify the concerned facts.

Here, the respondents claimed that the appointment was made on bonafide basis believing the details provided by the petitioner to be true.

Decision: Hon’ble High Court while dismissing the plea of the petitioner ruled that, where any advantage is obtained by any person in violation of a Constitutional scheme, it amounts to a Constitutional fraud. Here, the appointment was obtained illegally as the petitioner suppressed material facts and hence it is void-ab-initio.

 

Source: Labour Law Reporter, Pg. No.405, Jharkhand High Court, April 2010.

 

Also Check: Other Legal Aspects

 

 

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