Negligence in public hiring erodes trust & undermines integrity: HC

Says Jobs Secured Through Fraudulent Means Are Void Ab Initio

Chandigarh: The Punjab and Haryana high court has observed that public em-ployment opportunities were rare and highly coveted, and that any lapse in the recruitment process risked eroding public trust, undermining the integrity of the system.



The court was of the view that constitutional values of equality and justice must be clearly reflected in the approach adopted by the state instrumentalities concerned in conducting their recruitment process. “Such employees represent the state at all levels, as such it carries with itself the assurance of stability and dignity. However, given its scarce nature, every such opportunity assumes great significance for aspirants who pursue it with com-mendable dedication and hope. Therefore, it is of the utmost importance to ensure that the recruitment process remains sacro-sanct, free from the evils of arbitrariness and laxity,” the court stated.

Justice Harpreet Singh Brar passed these orders while dismissing a petition filed by Kuldeep, a former assistant lineman with Dakshin Haryana Bijli Vit-Nigam Limited ran

(DHBVNL), who sought re-instatement after his services were terminated for allegedly obtaining employ ment on the basis of forged documents. The court, while upholding the termi-nation, held that jobs se-cured through fraudulent means are void ab initio and cannot confer any legal rights or entitlements on the employee.

The petitioner joined DHBVNL in 2012 after being selected through the Harya-na Staff Selection Commis sion. However, following a complaint from an RTI activist, his technical certificates were re-verified in 2023, when the concerned ITI declared them to be forged.

His services were consequently terminated in March 2023.

Arguing against the termination, Kuldeep claimed that his certificates were genuine and verified during probation. He also contend ed that the dismissal violated service regulations, as no departmental inquiry was conducted. Dismissing his petition, the bench rejected

these arguments, holding that fraud vitiated all procedures.

The HC also observed that it was due to the laxity displayed by the employee concerned that the appoint-ment of the petitioner went through in spite of his lack of requisite qualifications, thereby denying the right-ful candidate the opportuni-ty of public employment. Directing accountability, Justice Brar ordered the managing director of DHBVNL to fix responsibility on the officials in charge of certificate verification and initiate disciplinary proceedings for their dereliction of duty.

Service Matter HighCourt Chandigarh

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