Fraudulent practice to gain public employment cannot be countenanced to be permitted by a Court of law- Supreme Court judgement

The sanctity of public employment, as a measure of social welfare and a significant source of social mobility, must be protected against such fraudulent process which manipulates and corrupts the selection process, the bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy observed. In this case, the Management of Bhalgora Area of M/s Bharat Coking Coal Limited terminated 38 workmen on the ground that they, in connivance with a Dealing Assistant and a Personnel Manager of the Bhalgora Area of BCCL, dishonestly secured appointments. Central Government Industrial Tribunal No.1 Dhanbad, answering the reference raised before it concluded that the Management failed to substantiate the charge of manipulated appointment. The concerned workmen were directed to be reinstated with 50% back wages. Challenging this order, the management approached the High Court. The Single bench set aside the order of the Tribunal. The Union approached the Division Bench by filing an intra Court appeal. The Division Bench restored the Tribunal order. Upholding the Single Bench order, the Apex Court bench noted that enough materials were presented to the Tribunal to justify the action against the illegally appointed workmen, and as such the management cannot be made to suffer the consequence of the misconduct of their two errant employees against whom, disciplinary actions were taken by the Management. Fraudulent practice to gain public employment cannot be countenanced to be permitted by a Court of law. The workmen here, having hoodwinked the Government Undertaking in a fraudulent manner, must be prevented from enjoying the fruits of their ill-gotten advantage. The sanctity of public employment, as a measure of social welfare and a significant source of social mobility, must be protected against such fraudulent processes which manipulates and corrupts the selection process. Employment schemes floated by the State for targeted groups, can absorb a finite number of workmen. To abuse the legitimate process therefore would mean deprivation of employment benefits to rightful beneficiaries. The Courts as sentinel of justice must strive to ensure that such employment programmes are not manipulated by deceitful middlemen, thereby setting up a parallel mechanism of Faustian Bargain. Often, desperate job aspirants’ resort to such measures to compete for limited vacancies, but this Court cannot condone false projections so as to circumvent the statutorily prescribed procedure for appointments. Such illegal practices must be interdicted by the Courts.