Today I am going to discuss the case of M/s. Bharat Coking Coal Ltd. v. Workmen, 2021 SCC OnLine SC 671, wherein the Hon’ble Supreme Court discussed about the consequences of fraudulent appointment in governmental services.
Today I am going to discuss the case of M/s. Bharat Coking Coal Ltd. v. Workmen, 2021 SCC OnLine SC 671, wherein the Hon’ble Supreme Court discussed about the consequences of fraudulent appointment in governmental services.
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Hi everyone.
Welcome to Legal Talks by DesiKanoon.
I am Suyash and today I am going to discuss the case of M/s. Bharat Coking Coal Ltd. v. Workmen, 2021 SCC OnLine SC 671, wherein the Hon’ble Supreme Court discussed about the consequences of fraudulent appointment in governmental services.
The facts of the case are not relevant for the purposes of this show. Therefore, let us understand the pertinent observations by the Court in relation to fraudulent appointment in governmental services.
Firstly, the Court opined that it is “the responsibility of Courts to guard against fraudulent employment, especially when such appointment is obtained by perpetuating fraud upon the authorities.”
Secondly, the Court explained the effect of fraudulent practices in public employment by citing the case of Chairman and Managing Director, Food Corporation of India v. Jagdish Balram Bahira, (2017) 8 SCC 670, wherein it was held that: -
“Public employment is a significant source of social mobility. Access to education opens the doors to secure futures. As a matter of principle, in the exercise of its constitutional jurisdiction, the court must weigh against an interpretation which will protect unjust claims over the just, fraud over legality and expediency over principle. As the nation evolves, the role of the court must be as an institution which abides by constitutional principle, enforces the rule of law and reaffirms the belief that claims based upon fraud, expediency and subterfuge will not be recognised. Once these parameters are established with a clear judicial formulation individual cases should pose no problem. Usurpation of constitutional benefits by persons who are not entitled to them must be answered by the court in the only way permissible for an institution which has to uphold the rule of law. Unless the courts were to do so, it would leave open a path of incentives for claims based on fraud to survive legal gambits and the creativity of the disingenuous.”
Thirdly, the Court explained that “fraudulent practice to gain public employment cannot be countenanced to be permitted by a Court of law. The workmen here, having hoodwinked the Government Undertaking in a fraudulent manner, must be prevented from enjoying the fruits of their ill-gotten advantage. The sanctity of public employment, as a measure of social welfare and a significant source of social mobility, must be protected against such fraudulent process which manipulates and corrupts the selection process. Employment schemes floated by the State for targeted groups, can absorb a finite number of workmen. To abuse the legitimate process therefore would mean deprivation of employment benefits to rightful beneficiaries. The Courts as sentinel of justice must strive to ensure that such employment programmes are not manipulated by deceitful middlemen, thereby setting up a parallel mechanism of Faustian Bargain. Often, desperate job aspirants' resort to such measures to compete for limited vacancies, but this Court cannot condone false projections so as to circumvent the statutorily prescribed procedure for appointments. Such illegal practices must be interdicted by the Courts.”
And lastly, the Court cited the case of Union of India v. M. Bhaskaran, 1995 Supp (4) SCC 100, wherein it was observed that when appointment of an employee is established to be made through fraudulent practices such as forgery, bogus documents, misrepresentation etc., then it would mean that such an employee has snatched such employment which would not have been made available to him but for bogus misrepresentation and forgery. In such cases, the appointment orders are also vitiated by fraud and acts of cheating on part of the employee. Thus, such appointments are liable to be recalled or at least are voidable at the instance of the employer.
Thus, I hope that the effect of fraudulent appointments in governmental services is clear by now. So, what are my concluding remarks?
Fraudulent appointment is indeed a menace in public employment. People pay taxes, duties and cesses to run the government. When any such fraudulent appointment happens, it means that the hard-earned money of common man is going to waste. Thus, even if a person has completed tens of years of service and if his/her appointment is found to be fraudulent at a later point of time, then it is not only justified but also imperative that such person should be immediately stripped off from the designation that he is holding in the public services. I feel that in the past few decades, many people have gained wrongful employment. I urge the Central Government to set up a Commission of Inquiry to look into fraudulent appointments in all types of public services. Such a step would mean that tens of years are not lost in litigation and precious judicial time would also get saved.
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