Railways Appointment For Employees Based On Forged Documents
New Delhi, August 1: The Supreme Court of India has expressed strong disapproval over the Railways’ failure to properly verify documents, which led to the appointment of employees based on forged documents. The case involved employees who were given jobs on compassionate grounds after the death of their fathers.
A bench comprising Justices JK Maheshwari and Sanjay Karol highlighted the inadequacies in the Railways’ verification process. Thus, questioning how appointments could be made without proper scrutiny. “The Railways, being one of the largest employers in the country, must ensure such lapses do not occur,” the bench noted.
Tribunal Observation
In this case, the respondents were granted jobs after their fathers passed away. However, the Tribunal annulled their appointments due to insufficient documentation. This decision was later upheld by the Appellate Tribunal. Despite this, the High Court ruled in favor of the respondents. Thus, overturning the Appellate Tribunal’s decision.
The Railways subsequently appealed to the Supreme Court. The bench observed that the respondents failed to provide necessary documents during the proceedings. Justice Sanjay Karol stated, “When the claim before the Tribunal is not clear or supported by relevant material, its rejection is not surprising. Granting relief under these circumstances would be improper.”
Court observation
The Court emphasized that employees who secured their positions through fraudulent means could not retain those jobs. “The respondents, having obtained their positions by fraud, are not entitled to constitutional protections,” the bench declared.
The Court referenced the case of Devendra Kumar v. State of Uttaranchal (2013) 9 SCC 363, which held that individuals cannot benefit from their own wrongdoing and evade lawful trials. Applying the legal maxim nullus commodum capere potest de injuria sua propria. The Court stated that those who violate the law cannot prevent inquiries, trials, or investigations into their offenses.
Conclusion
The Supreme Court overturned the High Court’s decision and reinstated the Tribunal’s order dismissing the respondents’ applications. “The respondents were rightly dismissed from service by the Railways,” the Court concluded.
The appeal by the Railways was allowed, and the original decision by the Tribunal was restored.
