Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal

Raj. High Court Upholds Termination of Teacher on Grounds of Fraudulent Conduct – “Fraud Avoids All Judicial Acts”

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the High Court of Judicature for Rajasthan, Bench at Jaipur, upheld the termination of a petitioner’s services in a civil writ petition, highlighting the consequences of fraudulent conduct in obtaining employment. The judgment, delivered by HON’BLE MR. JUSTICE ANOOP KUMAR DHAND, emphasized the principle that “fraud avoids all judicial acts, ecclesiastical or temporal,” and denied the petitioner’s claim to continue in service.

The petitioner, Rohitashwa Kumar, a former teacher, faced criminal charges that led to his conviction under various sections of the Indian Penal Code (IPC). Rather than disclosing this critical information to the department, Kumar suppressed the facts and falsely obtained extraordinary leaves on the pretext of family emergencies. In a bid to further mislead authorities, he falsely claimed acquittal in his appeal against the conviction.

Taking cognizance of Kumar’s fraudulent actions, the departmental proceedings under Rule 17 of the Rajasthan Civil Services (Classification, Control, Appeal) Rules, 1958, were dropped, and his application for voluntary retirement was initially accepted. However, when the truth came to light, the voluntary retirement order was withdrawn, and the petitioner’s services were terminated based on Rule 19 of the CCA Rules 1958.

Justice Dhand asserted, “Fraud avoids all judicial acts, ecclesiastical or temporal. Dishonesty should not be permitted to bear fruit and benefit those who have defrauded or misrepresented themselves.” The court highlighted the significance of trust and integrity, particularly in uniformed services, and ruled that fraudulent conduct could not be tolerated.

The judgment, drawing on the legal maxim “Nullus Commodum Capere Potest De Injuria Sua Propria” (No one should benefit from their own wrongdoing), emphasized that the termination was justified, given Kumar’s deceitful actions and the impact on trustworthiness in the workplace.

The ruling serves as a reminder to employees and job seekers that fraudulent actions in obtaining employment can have severe consequences, including termination from service. Employers retain the right to assess credibility and trustworthiness, and employees must uphold the highest standards of honesty and integrity in their professional endeavors.

Date of Decision: 11.07.2023

Rohitashwa Kumar vs State Of Rajasthan

Latest Legal News