'How Can Someone...': Supreme Court On Railway Appointments Using Forged Docs

A bench of Justices JK Maheshwari and Sanjay Karol was dealing with a matter concerning termination of services of some employees who were appointed on compassionate grounds in the Eastern Railway. The bench was dealing with the Centre's appeals challenging the Calcutta High Court's August 2012 verdict which had reversed the order passed by the Central Administrative Tribunal, Calcutta bench.

These employees had approached the tribunal against the termination order. The tribunal had dismissed their applications after which they moved the high court.

The Supreme Court said such instances in the Railways, one of India's largest employers, ought to be checked.

"Before parting with the matter, however, in the facts of this case, we express our surprise towards the actions of the appellant-employer who appointed the respondent-employees on the basis of questionable documentation, which was later found to be forged, fabricated and bogus," news agency PTI quoted the bench as saying in its verdict.

"How could someone be appointed to a government job without proper checking and verification of documents? The Railways are regarded to be one of the largest employers in the country and yet such incidents falling through the cracks ought to be checked," the Supreme Court said.

The top court noted that the Railways had issued show cause notices to these employees asking why their appointment on compassionate grounds should not be terminated as they were secured using forged and fabricated documents with respect to the employment of their respective fathers.

The apex court said these employees, having obtained their position by fraud, "would not be considered to be holding a post for the purpose of the protections under the Constitution".

While allowing the appeals, the bench set aside the high court verdict and restored the order passed by the tribunal.