Job on fake certificate void from the start, says HC
Orders DHBVNL to act against staff for verification lapse; dismisses plea of lineman terminated after 10 years in service
3 min read
The judge cited the principle that no one can take advantage of his own wrongdoing.The Punjab and Haryana High Court has held that a government job secured on fake documents “has no legal standing from the very beginning” and cannot give the employee any rights, even if he has worked for years. The court dismissed a petition filed by an Assistant Lineman who was removed from service by Dakshin Haryana Bijli Vitran Nigam Limited (DHBVNL) after ten years on the job.
Justice Harpreet Singh Brar observed, “Obtaining an appointment on the basis of forged documents amounts to misrepresentation. Such recruitment is void ab initio (invalid from the very beginning) and would not confer any legal rights or entitlements on the petitioner.”
The judge cited the principle that no one can take advantage of his own wrongdoing.
The petitioner, Kuldeep, was appointed as an Assistant Lineman in 2012 after applying for the post advertised by the Haryana Staff Selection Commission in 2011. He produced a certificate showing he had passed the electrician trade from a government Industrial Training Institute (ITI) in Uttar Pradesh. After being medically examined, he joined duty and continued for more than a decade.
However, in December 2022, DHBVNL sent his certificate for verification after receiving a tip-off that some employees had submitted fake qualifications. In February 2023, the ITI Kanpur Nagar reported that the certificate was not genuine.
The report stated, “As per institute record for the year August 2006 to July 2008 having Roll No.065718, Trade Electrician has not taken training. He has not passed Industrial Training during July 2008. The institute has not issued the mark sheet and certificate.”
Following this, the company issued a notice to the petitioner and, finding his reply unsatisfactory, terminated his services on March 17, 2023.
The court said that public jobs are highly sought after and must remain free of fraud or arbitrariness. “Public employment opportunities are both rare and highly coveted. It is of utmost importance to ensure that the recruitment process remains sacrosanct,” Justice Brar noted.
Referring to Supreme Court rulings, the judge said an appointment obtained through fraud or forged certificates is not just irregular but completely invalid. The court quoted a 2012 judgment which held that “merely because the employee continued in service for a number of years on the basis of such fraudulently obtained employment cannot create any equity in his favour or any estoppel (legal bar) against the employer.”
The court also rejected the petitioner’s argument that DHBVNL did not follow the proper procedure under its service rules, stating, “He cannot take shelter under these provisions to escape accountability as fraud vitiates all.”
Noting that the certificate was not verified during probation, the court directed DHBVNL’s Managing Director to “fix responsibility of the employee in charge of the verification process” and take disciplinary action for this lapse. A compliance report has to be filed within eight weeks.
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