“Fraud Vitiates Everything”: J&K High Court Upholds Dismissal Of CRPF Personnel For Fabricated Documents Despite 16 Yrs Service

A bench of Justice Javed Iqbal Wani emphasised,

“…The principles of natural justice are to be followed only in a case where appointment is legally valid as illegal appointment secured on the basis of forged and fabricated documents does not vest any right on the person and fraud vitiates everything”.

Petitioner Mohd. Mahroof, a surrendered militant, was recruited as a Constable (General Duty) in the CRPF in 1998 under a rehabilitation policy for ex-militants. While the minimum qualification for the post was matriculation (10th pass), Mahroof was appointed in relaxation of the rules based on a 9th class pass certificate he submitted.

Years later, a complaint was filed alleging that Mahroof's 9th class certificate was fake. An enquiry was initiated, and upon verification, the authorities discovered that the certificate was indeed fabricated. Mahroof was served with a show-cause notice and given an opportunity to defend himself. He was subsequently dismissed from service.

Mahroof challenged his dismissal in the High Court, arguing that the enquiry against him was not conducted following proper procedure and that his 16 years of unblemished service should be considered.

After considering the rival contentions Justice Wani echoed the legal principle that fraudulent misrepresentation undermines the validity of any appointment, regardless of the duration of service.

The court acknowledged that Mahroof's appointment was a result of a relaxation in the qualification rules. However, it emphasized that the petitioner's act of submitting a fake certificate amounted to fraud.

Citing Supreme Court judgments in "Union of India Vs. Dattatray S/o Namdeo Mendhekar" and "State of Uttar Pradesh and others Vs. Ravindra Kumar Sharma," the court noted that appointments secured through fraud are "non est" (non-existent) in the eyes of law.

“..if an appointment has been secured by a person by misrepresentation or on the basis of a forged and fabricated document, such an appointment would be non est in the eyes of law and does not create any right in favour of the person so appointed”, Justice Wani remarked.

Spotlighting the implications of a fraud in such affairs the court held that principles of natural justice, which ensure fair treatment in disciplinary proceedings, are not applicable in such cases.

“In view of the establishment of fraud having been consciously played and committed by the petitioner at the time of securing appointment in the Force, the 16 years of service rendered by him pales into insignificance, as in law fraud vitiate everything”, the bench concluded while dismissing the petition.

Case Title: Mohd. Mahroof Vs Union Of India

Citation: 2024 LiveLaw (JKL) 62

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