2004 (4) TMI 618 - SC - Indian Laws

Cancellation of appointment based on fraudulent misrepresentation - Principles of natural justice - Reservation for Other Backward Classes (O.B.C.) in Kendriya Vidyalayas - HELD THAT - It is not in dispute that so far as the State of Haryana is concerned at the relevant point of time Ahirs/Yadavs were not treated as O.B.C. An enquiry was conducted by the District Magistrate wherein it was found that the respondent belonged to the State of Haryana and not the State of Rajasthan and thus was not entitled to obtain the said certificate. It is also not in dispute that he had given an opportunity to show cause as to why his appointment should not be cancelled not only by the appointing authority but also by the appellate authority. In terms of Section 58 of the Indian Evidence Act facts admitted need not be proved. It is also a well-settled principle of law that the principles of natural justice should not be stretched too far and the same cannot be put in a strait-jacket formula. Furthermore the respondent herein has been found guilty of an act of fraud. In our opinion no further opportunity of hearing is necessary to be afforded to him. It is not necessary to dwell into the matter any further as recently in the case of Ram Chandra Singh v. Savitri Devi Ors. 2003 (10) TMI 610 - SUPREME COURT . The Supreme Court found the respondent guilty of fraud emphasizing that fraud vitiates every solemn act and that fraudulent misrepresentation is deceitful. Given the seriousness of the fraud committed by the respondent the Court held that no further opportunity of hearing was necessary. The Court set aside the orders of the Central Administrative Tribunal and the High Court ruling in favor of the appellant and allowing the civil appeal without costs.

Summary

Issues Involved:
The issues involved in this case are the cancellation of appointment based on fraudulent misrepresentation and the application of principles of natural justice in the context of reservation for Other Backward Classes (O.B.C.) in Kendriya Vidyalayas.

Cancellation of Appointment based on Fraudulent Misrepresentation:
The respondent, a teacher, applied for the position of Principal in Kendriya Vidyalayas as an O.B.C. candidate, submitting a caste certificate. However, it was later discovered that the certificate was false, as he concealed his permanent address in Haryana, while the certificate showed him as a resident of Rajasthan. An enquiry found that he did not belong to the O.B.C. category in Haryana. Despite being given opportunities to explain and defend himself, his appointment was cancelled due to fraudulent misrepresentation.

Application of Principles of Natural Justice:
The appellant contended that the respondent's fraudulent actions warranted cancellation without further hearing, as he misrepresented his category and residence. On the other hand, the respondent argued that he could have clarified that he was appointed as an open category candidate had he been given another opportunity to be heard. The court emphasized that the principles of natural justice should not be stretched too far and cited precedents to support the flexible application of these principles based on individual circumstances.

Judgment:
The Supreme Court found the respondent guilty of fraud, emphasizing that fraud vitiates every solemn act and that fraudulent misrepresentation is deceitful. Given the seriousness of the fraud committed by the respondent, the Court held that no further opportunity of hearing was necessary. The Court set aside the orders of the Central Administrative Tribunal and the High Court, ruling in favor of the appellant and allowing the civil appeal without costs.