Excelsior Correspondent
Srinagar, Aug 22: The High Court has held that the fake appointees have no right of hearing for ousting them from the services and upheld the termination of three employees appointed in Handicrafts Department in 2018.
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The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal upheld the decision of Central Administrative Tribunal (CAT) whereby the three employees of Handicrafts and Handloom department had challenged their termination orders and the CAT upheld the decision of the Government for ousting them from their services.
Feeling dissatisfied with the decision passed by the Tribunal, these employees have assailed the same before the High Court on the ground that before passing termination orders they have not been given opportunity of being heard.
The department in opposition to the plea stated before the bench that the Additional Commissioner, Kashmir (the then Secretary SSB, J&K) vide his letter dated 04.12.2020, while requesting for lodging of FIR with the Crime Branch, had revealed that the selection list dated 15.03.2018 was forwarded to the Industries and Commerce Department with his fake signatures and, accordingly, FIR No.29/2021 was registered with Crime Branch, Kashmir, under Sections 420, 468, 471, 120-B IPC read with Section 5(2) of Prevention of Corruption Act.
“We are of the considered view that when the appointment is obtained on the basis of fake, forged select list and appointment letter, no opportunity of hearing is required to be afforded to the delinquent employee and in such cases, no relationship of employer and employee exists as the appointment of such a delinquent employee is illegal from the very inception”, the DB recorded.
The bench was further informed that the Administrative Department vide letter dated 23.12.2020 authorized the Directorate of Handicrafts, Kashmir, to cancel ab initio the appointment orders of the petitioner-employees and, accordingly, vide order dated 24.12.2020, their appointment orders were cancelled ab initio.
Thereafter Assistant Directors, Kulgam and Baramulla were directed to initiate the process of recovery of illegally drawn amount on account of salary/other emoluments by the delinquent employees during their tenure as Assistant Handicrafts Training Officers and remit the same into the Government Treasury.
It was also not rebutted by the employees that the select list allegedly issued by the Services Selection Board recommending their names for appointment for Kashmir Division, wherein item number was mentioned as 52, was, in fact, for Jammu Division. “Thus, we have no hesitation to hold that the petitioners had secured appointment on the basis of a fake and forged select list”, the court said.
It is noted that the names of the employees were neither in the select list nor in the waiting list but subsequently a fake letter of recommendation was issued, on the basis of which they came to be appointed. An FIR bearing No.29/2021 stands already registered and the matter is pending before the court of competent criminal jurisdiction.
The petitioners claim to have been appointed as Assistant Handicrafts Training Officers initially on a probation period of two years vide order dated 26.04.2018 issued by Director, Handicrafts & Handloom, J&K Government, Kashmir Srinagar. However, vide order dated 24.12.2020 followed by communication dated 11.01.2021 issued by the Director, their appointment was cancelled ab initio and process for recovery of illegally drawn amount on account of salary/other emoluments by the petitioners was directed to be initiated by the Assistant Director, Handicrafts, Baramulla and Assistant Director, Handicrafts, Kulgam.
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