- (1.) PANKAJ Mithal, J. The petitioner qualified competitive test for selection as a constable in C. R. P. F. and was sent for training. After completion of training he was posted in Assam. However, before his services could be confirmed a departmental inquiry was instituted against him vide office order dated 22-10-1997 on the ground that while filling up his application form for service he has deliberately suppressed information about his involvement in a criminal case and as such has committed an act of misconduct. The Inquiry Officer after completing the inquiry submitted his report on 12-12-1997 holding the petitioner guilty of the charge of misconduct. Accordingly, after issuing a show-cause notice to the petitioner, an order of dismissal from service was passed by the commandant 82 Bn. C. R. P. F. on 10-2- 1998. The said order of dismissal from service has been challenged by the petitioner in the present writ petition.
(2.) HEARD Sri Shashikant Shukla, learned Counsel for the petitioner and Sri K. C. Sinha, Assistant Solicitor General of India, for the respondents. Learned Counsel for the petitioner has submitted that the criminal case in respect of which information was not given by the petitioner has finally been decided in his favour and he has been acquitted in the criminal case vide judgment and order dated 27-7-2005 (Annexure R. A.-1 to this petition ). Therefore, since the petitioner has been acquitted in the criminal case there is not justification to maintain the order dismissing the petitioner from service and the petitioner is liable to be reinstated. "fraud unravels everything" is one of the basic principles of law. In other words fraud avoids all judicial acts. In Smt. Shrisht Dhawan v. Shaw Bros. , AIR 1992 SC 1555, it has been held as under: "fraud and collusion vitiate even the most solemn proceedings in any civilized system of jurisprudence".
(3.) THE Hon'ble Supreme Court by its various pronouncements has provided that dishonesty should not permitted to bear the fruit and benefit to the persons who played fraud or made misrepresentation and the Court should not perpetuate the fraud by entertaining the petitions on behalf of such persons. In Union of India & Ors. v. M. Bhaskaran, 1996 (2) LBESR 720 (SC) : (1995) (Suppl.) 4 SCC 100, the Hon'ble Supreme Court observed as under: "if by committing fraud any employment is obtained, the same cannot be permitted to be countenanced by a Court of Law as the employment secured by fraud renders it voidable at the option of the employer". It is also a settled principle that no person can claim any right arising out of his wrong doing i. e. a person having done wrong, cannot take advantage of his own wrong.;