Termination for Fraudulent Appointment: Can You Be Removed After Years of Service?
Introduction
One of the most troubling issues in service law is the termination of an employee on the ground that their initial appointment was fraudulent, forged, or obtained through misrepresentation.
A common question is:
If the appointment was made years ago, can the employer still terminate you today for alleged fraud?
The short answer: Yes, but only if the fraud is proved, and due process is followed. The burden lies heavily on the employer, and employees have multiple legal protections.
This article explains the law, key court judgments, and what remedies an employee can pursue in India—especially in the context of government and public sector employment.
What Counts as a Fraudulent Appointment?
Fraudulent appointment generally means:
- Appointment obtained by submitting fake certificates, false caste documents, forged experience records, or fabricated appointment letters
- Appointment made without following rules, without vacancy, or without proper selection procedure, often with collusion
- Appointment obtained by concealing disqualifying information
However, a mere procedural irregularity is not fraud.
Courts have consistently held that fraud must be specifically proved, not assumed.
Can an Employee Be Terminated After Years of Service?
1. Fraud vitiates everything
Indian courts follow the principle:
“Fraud vitiates all acts.”
Meaning: If the initial appointment was based on fraud, the employee has no right to hold the post—even if they worked for 10, 15, or 20 years.
2. But delay does NOT give the employer a free pass
Even when fraud is alleged, the employer must:
- Conduct a proper departmental inquiry
- Provide notice and opportunity of hearing
- Supply documents and evidence
- Pass a reasoned order
If the employer terminates the employee without inquiry, courts often set aside the order as being in violation of natural justice.
Key Supreme Court Principles
1. Fraud Must Be Proved, Not Presumed
If the employer alleges that documents were fake or forged, the burden of proof rests on the department.
Courts have held that:
- Suspicion is not enough
- Delay in investigation weakens the employer’s case
- Long service strengthens the employee’s equity—but does not legalize fraud
2. No Protection from Regularisation If Fraud Established
Even if you have:
- Completed probation
- Been confirmed
- Earned promotions
- Received increments
…you can still be removed if the foundation is fraudulent.
But this applies only after proving fraud, not merely alleging it.
3. Inquiry Is Mandatory Unless Fraud Is Admitted
The Supreme Court has held that:
- If an employee admits that documents are fake → inquiry is not required
- If the employee disputes fraud → full departmental inquiry is mandatory
This makes the Punjab Civil Services (Punishment & Appeal) Rules, 1970 applicable, which require a proper charge-sheet and inquiry before major punishment.
Difference Between Illegal Appointment and Fraudulent Appointment
Illegal / Irregular Appointment
- Made without following rules (e.g., no advertisement)
- Employee is unaware of the irregularity
- Removal must follow due process
- Past service may be considered for relief
Fraudulent Appointment
- Obtained by deception
- Employee played an active role
- No equity in favour of employee
- Termination can be justified after proof
What If You Have Already Served for Many Years?
Courts consider:
✔ Length of service
If an employee has served 10–20 years, courts scrutinize the allegations more strictly.
✔ Whether the department itself was negligent
If the employer failed to verify documents at the time of appointment, courts may hold the employer responsible for delay.
✔ Whether the fraud is minor or material
Misstating age by a few months is not the same as using a completely fake degree.
✔ Whether the employee was aware of the irregularity
Intent is crucial. Innocent mistakes cannot lead to dismissal.
Typical Steps Employers Take in Fraud Cases
- Preliminary investigation
- Suspension
- Charge-sheet
- Departmental inquiry
- Representation by employee
- Final order of penalty (termination)
If any of these steps are skipped, the termination becomes vulnerable before courts.
Your Rights as an Employee
You have the right to:
- Receive the charge-sheet
- Inspect and obtain documents
- Cross-examine witnesses
- Present evidence
- Get a fair hearing
- Appeal to higher authorities
- Approach the High Court under Article 226
What to Do If You Receive a Notice Alleging Fraud?
1. Do not ignore the notice
Silence or non-response can be treated as admission.
2. Demand documents and evidence
Ask for:
- Copy of complaint
- Verification report
- Original certificates allegedly forged
- Inquiry report (if any)
3. File a detailed reply
Clarify:
- How you obtained the certificate
- That it is genuine
- That the employer failed to verify earlier
- That delay causes prejudice
4. Participate in the inquiry
Do not skip hearings.
5. Challenge illegal suspension or termination
You may approach:
- Administrative Tribunal (if applicable)
- High Court under Article 226
Conclusion
Yes, an employee can be terminated for fraudulent appointment even after many years, but only when fraud is conclusively proved and due process is followed.
If the employer acts arbitrarily, skips inquiry, or relies on vague allegations, the courts can strike down the termination.
Employees facing such allegations should act quickly, seek legal assistance, and rely on established service law principles.
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