Services can’t be Regularized if the Appointment was Illegal- Supreme Court

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December 03, 2018

Case name: The State of Bihar & ors. v. Kirti Narayan Prasad

In the instant cases the writ petitioners have filed the petitions before the High Court with a specific prayer to regularize their service and to set aside the order of termination of their services. One of the major issue in the cases were whether the writ petitioners were legally and validly appointed. The finding of the State Committee was that many writ petitioners had secured appointment by producing fake or forged appointment letter. Thus, the State Committee held that the appointment of writ petitioners was illegal and void ab initio.

The Supreme Court in the case confirmed the finding of the State Committee and observed that since the appointment of the petitioners is ab initio void, they cannot be said to be the civil servants of the State. Therefore, holding disciplinary proceedings envisaged by Article 311 of the Constitution or under any other disciplinary rules shall not arise.

Accordingly, the Supreme Court dismissed the Petitions.

The entire case can be accessed here.