Employment Obtained Through Fake Caste Certificate Is 'Void Ab Initio': Madras High Court Orders Compulsory Retirement

The Division bench of Justice S. Vaidyanathan and Justice Mohammed Shaffiq also observed that though the employee was appointed only under the Open Category and further promotions were based on the merit, the initial appointment itself was void ab initio when it was based on a fake certificate produced by the employee concealing certain facts.

Background

In 1986, the Baba Atomic Research Centre (BARC) called applications for In-Plant training. The prescribed age limit for application was between 18 and 20 years of age with an upper age relaxation of 5 years for persons belonging to SC/ST community. 

The petitioner further submitted that the tribunal failed to consider the decision of Supreme Court in State of Odisha vs. Sulekh Chandra (2022) where it was clearly held that appointment made in contravention of the statutory proceedings are void ab initio.

Court Observations

The court observed that there was a delay on the part of the department as the order of the Tribunal was challenged after a period of 7 years. However, the respondent could not be allowed to take the benefit of such technicality. The court observed -

"The mistake committed by the Department cannot be taken advantage of by the Applicant and he cannot be let off scot-free on technicalities, as moral value will have to prevail over legal values and it is adjudged based on moral values, as held by the Supreme Court that it must be remembered that we are living in a democratic society governed by the Rule of Law and every Government, which claims to be inspired by ethical or moral values must do what is fair and just, regardless of legal technicalities. Further, in the absence of society with moral values, there would be no social order."

The court also observed that both departmental proceedings and criminal proceedings can go on simultaneously as the employer can proceed with departmental proceedings if the Criminal Proceedings are not initiated or concluded within one year from the date of FIR. The court observed that in criminal proceedings, the matter has to be proved beyond doubt while in departmental proceedings charges can be established based on preponderance of probabilities.

The court further observed that the initial appointment of the respondent is itself void ab initio as he could not have even applied for employment if not for the relaxation of 5 years that he sought through the SC Certificate.