KISHORI SINGH Vs. CENTRAL COALFIELDS LIMITED, RANCHI & ORS
LAWS(JHAR)-2010-12-89
HIGH COURT OF JHARKHAND
Decided on December 15,2010

KISHORI SINGH Appellant
VERSUS
CENTRAL COALFIELDS LIMITED, RANCHI And ORS Respondents

JUDGEMENT

- (1.) Heard learned counsel for the parties. In the present appeal, the appellant has challenged the order of his termination from service on the ground that he does not fall within the norms prescribed under the Rules to get appointed as a nominee of the person whose land has been acquired. When the lands were acquired, at that time, land owner Ram Pravesh Singh gave the name of the appellant as his son-in-law. In that circumstance, the employment was allotted to the appellant as son-in-law of Ram Pravesh Singh on the premises that those who lost their lands by acquisition should be given some alternative employment and also in that view of the matter, it was delineated that this category of the persons can be nominees of the landloser and in that line, considering the nominee of the deceased employee certain allotment made in favour of the appellant. In retrospect, when it was examined whether the appellant before us was the son-in-law of Ram Pravesh Singh as claimed, nothing could be brought in support of his claim, and in contrary, the appellant himself gave the name of one Mathura Singh as his son-in-law which was in contradiction of what Ram Pravesh Singh had submitted mentioning the appellant Kishori Singh as his son-in-law.
(2.) After having examined all those facts, learned Single Judge came to the conclusion that a fraud has been committed in seeking employment as the son-in-law of the land-loser Ram Pravesh Singh. In fact, the appellant was the son-in-law of Mathura Singh and in that view of the matter he obtained employment by playing fraud. This matter was inquired into and departmental proceeding was conducted and at the end of the departmental proceeding, it was concluded that employment was sought by mis- representation and playing fraud. Fraud vitiates everything as the judicial opinion established that the appointment, which was per se, illegal and result of a fraud, as ordered by learned Single Judge, is not required to be looked into. We do not find any illegality or irregularity committed in the impugned order. Thus, being no force, the appeal is dismissed.;


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