Fraudulent practices to get a government job cannot be allowed by a court, as abusing a legitimate process would mean denying the legitimate beneficiaries benefits, the Supreme Court said Tuesday.
The verdict came while the management of one of the entities of the public sector company M/s Bharat Coking Coal Ltd (BCCL) was allowed to appeal against an order from the divisional bank of the Jharkhand High Court asking the PSU to pay 38 miners, who belong to the Scheduled Castes/Scheduled Tribes, with 50 percent back wages.
It was the case of the PSU that the miners, whose names were not on the list of the Employment Exchange of the area in question, were fraudulently wrongfully employed in conjunction with two of its employees who have already been laid off.
Judges SK Kaul and Hrishikesh Roy upheld the termination of 38 miners, saying: “The revocation of the well-motivated order of the scholarly single judge is found to be unjustified. The appeal is therefore upheld by annulling the LPA judgment and reinstating of the decision of the learned single judge.”
The bank referred to an earlier verdict and said the court has a responsibility “to guard against fraudulent employment, especially when such an appointment is obtained by perpetuating fraud against the authorities”.
Fraudulent practices to get government employment cannot be allowed by a court. The workers here, who have fraudulently misled the government enterprise, must be prevented from reaping the benefits of their ill-gotten gains.
“The sanctity of public employment, as a measure of social well-being and an important source of social mobility, must be protected from such a fraudulent process that manipulates and corrupts the selection process,” said Judge Roy, who wrote the verdict for the bank.
The employment programs launched by the state and its instruments for certain groups can only take in a finite number of workers, it said.
“Abusing the legitimate process would therefore mean denying the rightful beneficiaries benefits. The sentry courts should strive to ensure that such employment programs are not manipulated by deceitful intermediaries, thus establishing a parallel Faustian Bargain mechanism,” the ruling said.
Usually, the “desperate job candidates” resort to fraudulent measures to compete for limited vacancies, it said, adding that the highest court cannot approve false forecasts to circumvent the legally prescribed appointment process.
“Such illegal practices should be banned by the courts,” the bank said, overturning the divisional bank verdict that upheld a tribunal’s ruling that the PSU had asked the fired miners to return to work with 50 percent back wages. .
According to the troubled history of the case, BCCL had decided in 1986 to recruit scheduled caste/scheduled tribe candidates into miners/loaders vacancies and accordingly applied to the Employment Exchange for the list of eligible SC/ST to be drawn up. candidates as required under the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959.
The allegation is that these 38 applicants, in consultation with a Dealing Assistant and a Personnel Manager from BCCL’s Bhalgora Area, were unfairly engaged.
When such fraudulent appointments were discovered, disciplinary proceedings were launched against the BCCL employers who colluded to appoint these 38 miners, and both were eventually removed from employment, the verdict said.
At the same time, an indictment memo was also issued against the miners and they were removed from service after due process, the verdict said.
The Central Government Industrial Tribunal in Dhanbad banned the termination orders and ordered the BCCL to reinstate affected workers with 50 percent back wages.
The Single Bench of the High Court overturned the tribunal’s ruling.
The High Court’s division bench overturned the single judge’s verdict and agreed with the findings of the redress tribunal.
The Supreme Court overturned the divisional bench and tribunal findings, agreeing to the verdict of the only judge upholding the miners’ termination.
(This story was not edited by NewsMadura staff and was generated automatically from a syndicated feed.)