Delhi High Court upholds strict action: No leniency for employees submitting forged documents
The Delhi High Court has upheld the dismissal of a woman from her job, emphasising the need for strict handling and lack of sympathy or compassion towards employees found guilty of submitting forged documents to their employer.
Several publications have reported that the high court was addressing the case of a woman who had previously been appointed on compassionate grounds in the Group IV category at Bihar Bhawan. Following the demise of her husband, she had sought to overturn an employer's 2014 order terminating her service.
Back in 2009, the woman received a show cause notice accusing her of creating a disturbance and causing inconvenience to others at Bihar Bhawan while being under the influence of alcohol.
Subsequently, the woman faced suspension, and during a preliminary investigation, it was discovered that the certificate she had provided as proof of her educational qualification, stating she had passed Class 8, was actually a forged document. As a result, she was dismissed from her position, as reported by NDTV.
During the resolution of the woman's petition, the high court stated that the Enquiry Officer had unequivocally determined that the petitioner had failed to substantiate the authenticity of the submitted certificate claiming her passing of Class 8.
"The fact remains that the petitioner submitted a forged document in support of her educational qualification at the time of seeking compassionate appointment," it said.
In an order issued on May 18, Justice Mini Pushkarna declared that the woman had been found guilty of concealing essential facts and documents, even from the court itself.
"Employees who are guilty of submitting forged documents to their employer, have to be dealt with in a strict manner. If a person submits forged and fabricated documents, then such a person is certainly unfit to be employed. No sympathy or compassion can be shown to such an employee. Thus, when the charge against the petitioner stands proved, the punishment of dismissal from service imposed by the respondent cannot be faulted with," the judge said, adding the petition was without any merits.
The high court dismissed the woman's argument that possessing a Class 8 qualification was not a requirement for a compassionate appointment in a Group-IV position at the relevant time, stating that her claim held no merit.
On behalf of the petitioner, it was argued that she did not receive any formal chargesheet, and the principles of natural justice were disregarded during her unceremonious dismissal, without following any proper process or procedure.
In response, the counsel representing the resident commissioner of Bihar Bhawan contended that appropriate measures were taken against the petitioner after conducting departmental proceedings in accordance with due procedure. They further asserted that the petitioner was provided ample opportunity to present her defense during the proceedings.