No Sympathy Or Compassion For Employees Submitting Forged Documents: Delhi HC

The Delhi High Court recently stated that employees who submit forged documents to their employers are unfit for employment and that no sympathy or compassion can be shown to such an employee.

“Employees who are guilty of submitting forged documents to their employer must be dealt with strictly.” If a person submits forged and fabricated documents, that person is unfit for employment. Such an employee cannot be shown sympathy or compassion,” the court remarked.

The observation was made by a single-judge Justice Mini Pushkarna while upholding the termination order of a woman who was dismissed from service by the Bihar Bhavan for submitting a forged class 8th pass certificate.

Following the death of her husband, who worked as a driver for the Bihar Bhawan, Thakur was given a compassionate appointment. In 2009, she was served with a show cause notice on the grounds that she was causing a nuisance while under the influence of alcohol, causing inconvenience and disturbance to others residing in the Bhawan. As a result, she was suspended from service.

Later, during the preliminary investigation into Thakur, it was discovered that the certificate she submitted in support of her qualification as a Class 8th pass was a forged document.

In the departmental proceedings initiated against her on allegations of submitting forged documents, the Inquiry Officer determined that Thakur had failed to prove the authenticity of her educational certificate. She was later discharged from the military in 2014.

Thakur claimed in her writ petition against the termination order that she was not served with a charge sheet and that the Natural Justice Principles were not followed. She claimed that she was fired without warning and without following any process or procedure.

Bihar Bhavan claimed that Thakur was fired after following proper procedure by conducting departmental proceedings in which she was given full opportunity to defend her case.

Justice Pushkarna noted that petitioner presented a completely false case before it, claiming that she did not participate in departmental proceedings or was unaware of any departmental proceedings until she received the termination letter.

“The documents placed on record on behalf of the respondent clearly show that the petitioner was fully aware of the departmental proceedings against her and that she fully participated in the same,” the bench stated.

The court dismissed Thakur’s argument that passing Class 8th was not a requirement for compassionate appointment in the relevant job at the time.

As a result, her petition was disposed of.