How could someone be appointed to a government job without proper checking and verification of documents, the Supreme Court asked on Thursday while expressing surprise over the appointment of some employees in the Railways based on forged documents.
The apex court said such instances in the Railways, one of India's largest employers, ought to be checked.
A bench of Justices J K Maheshwari and Sanjay Karol was dealing with a matter concerning the termination of services of some employees who were appointed on compassionate grounds in the Eastern Railway.
The top court noted they were sacked as their appointments were found to be based on forged and bogus documents.
"Before parting with the matter, however, in the facts of this case, we express our surprise towards the actions of the appellant-employer who appointed the respondent-employees on the basis of questionable documentation, which was later found to be forged, fabricated and bogus," the bench said in its verdict.
"How could someone be appointed to a government job without proper checking and verification of documents? The Railways are regarded to be one of the largest employers in the country and yet such incidents falling through the cracks ought to be checked," it said.
The bench was dealing with the Centre's appeals challenging the Calcutta High Court's August 2012 verdict which had reversed the order passed by the Central Administrative Tribunal, Calcutta bench.
These employees had approached the tribunal against the termination order. The tribunal had dismissed their applications after which they moved the high court.
The apex court noted that the Railways had issued show cause notices to these employees asking why their appointment on compassionate grounds should not be terminated as they were secured using forged and fabricated documents with respect to the employment of their respective fathers.
It noted that after receiving their responses, the authority terminated their services on finding that their appointments were based on forged, fabricated and bogus documents.
The bench said the principle of compassionate appointment has been put in place to ameliorate the suffering that is cast upon members of a family following the sudden death of the earning member.
"An equally well-recognised principle is that compassionate appointment cannot be claimed as a matter of right. It is therefore clear that a person, claiming an appointment on such ground, has to demonstrate his relationship to the deceased person and eligibility for appointment," it said.
The bench said the tribunal as also the authority had recorded a categorical finding that the employees had not submitted any document to establish their claim and submitted forged and bogus documents.
It noted that these employees had, at every stage, actively participated in the adjudication process of their alleged improper and illegal appointments.
The bench said after it was discovered that they had secured appointments on the basis of forged and fabricated documents, an FIR was also registered against them in December 2005.
"Compassionate appointment is granted to those persons whose families are left deeply troubled or destitute by the primary breadwinner either having been incapacitated or having passed away. So when persons seeking appointment on such ground attempt to falsely establish their eligibility, as has been done in this case, such positions cannot be allowed to be retained," it said.
The apex court said these employees, having obtained their position by fraud, "would not be considered to be holding a post for the purpose of the protections under the Constitution".
While allowing the appeals, the bench set aside the high court verdict and restored the order passed by the tribunal.
"The respondent-employees were rightly dismissed from service by the appellant-employer," it said, while clarifying that its observations were only with respect to dismissal from service and shall have no bearing on the criminal proceedings pending against them in the court concerned.