GLIMPSE OF A LATEST VERDICT* *W.P.(MD) 29499/2010* V. Srinivasan Vs. The Presiding Officer Dated: 28.06.2021 *Hon’ble Justice S. Vaidhyanathan* dismissed the Writ Petition in the matter relating to *“Appointment based on Bogus Certificates”* and further observed and held as follows: i) Once there is a bogus certificate produced, it is unfair on the part of an

*GLIMPSE OF A LATEST VERDICT*

*W.P.(MD) 29499/2010*
V. Srinivasan Vs. The Presiding Officer
Dated: 28.06.2021

*Hon’ble Justice S. Vaidhyanathan* dismissed the Writ Petition in the matter relating to *“Appointment based on Bogus Certificates”* and further observed and held as follows:
i) Once there is a bogus certificate produced, it is unfair on the part of an employee to take the plea of discrimination. The Petitioner, by quoting the decision of the *Supreme Court in Life Insurance Corporation of India and Others vs. Triveni Sharan Mishra [(2014) 10 SCC 346],* sought for application of the same yardstick extended to other employees.
ii) The Supreme Court in *Union of India vs. M. Bhaskaran [1995 Supp (4) SCC 100],* held that where an appointment has been obtained by fraud and bogus documents, such employee is not entitled to any relief. merely because the judgment relied on by the petitioner is the latest one and it does not mean that the latest case must be automatically applied to the facts of this case, as the ratio laid down in the previous judgement has not been referred to in the subsequent judgment. While relying on a judgment, if it is found that the factual situation totally differs, then there is no compulsion for subordinate courts to blindly rely on the same to arrive at a conclusion, as held by the Supreme Court in *Padmasundara Rao (Dead) vs. State of Tamil Nadu [(2002) 3 SCC 533].*
iii) The action of the Management in appointing other similarly situated persons cannot be condoned. Appropriate disciplinary proceedings for major misconduct shall be initiated against the Appointing Authorities and such irresponsible Officials should be dismissed from service. Before initiating action and dismissing them from service, they must be transferred to a non-sensitive post and place, and their dereliction should be entered into the Service Register, so that their promotions and other benefits should be deprived. An opportunity shall be given to the person concerned, as on technical ground, on the failure to give an opportunity, the persons, who are involved in the act of moral turpitude, etc., should not be allowed to succeed to get their benefits.