Can a disciplinary enquiry stand where it rests on an earlier medical opinion and ignores a later Medical Board finding?

No. Where a later report of the Medical Board found a permanent disability and recommended inclusion in the quota, and the enquiry officer proceeded only on the earlier report finding no disability, the enquiry report and the consequent show cause notice cannot stand and are liable to be set aside.

Public employment — Priority quota for persons with disabilities — Fake disability certificate — Fraud — Appointment void ab initio — Disciplinary enquiry — Public employment — Character of an appointment — Whole recruitment process examined — Held: The nature of an appointment is not determined solely by the words of the appointment order; the court may examine the requisition, the category under which the candidate was sponsored and the records accompanying that sponsorship to ascertain its true character. (¶16) Public employment — Fraud — Appointment void ab initio — Held further: Fraud and justice never dwell together: an appointment obtained by practising fraud upon the public exchequer is void ab initio, and a person who secures public employment by fraud cannot invoke the law to retain it. (¶20, ¶21) Reservation — Priority quota — Injury to the reserved class and to other priority groups — Held further: One who takes a post reserved for persons with disabilities without being disabled defrauds not only the Government but the disabled and the other priority categories deprived of their turn. (¶19, ¶21) Disciplinary enquiry — Later medical finding ignored — Enquiry report set aside — Held further: Delay explained by medical examination and pending criminal proceedings is no ground to quash; but an enquiry resting on an earlier report while ignoring a later Medical Board finding cannot stand. Petitions dismissed, one allowed. (¶23, ¶27)

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