SHAHNAZ PARVEEN Vs. STATE OF J&K

JUDGEMENT

(1.) "Fraud avoids all judicial acts, ecclesiastical or temporal" observed Chief Justice Edward Coke of England about three centuries ago. It is the settled position of law that a judgment or decree obtained by playing fraud on the Court is a nullity and non est in the eyes of law. Such a judgment/decree " by the first Court or by the highest court has to be treated as a nullity by every court, whether superior or inferior. It can be challenged in any court even in collateral proceedings". This,is the opening para of the judgment of Hon'ble the Supreme Court rendered in the case of S.P. Chengalvaraya Naidu v. Jagannath and ors, 1994 1 SCC 1. In the same manner the Supreme Court considered various other authorities in para nos. 10 to 25 in the case of Hamza Haji v. State of Kerala and anr, 2006 7 SCC 416. The Supreme Court followed its view in case of Indian Bank v. Satyam Fibers (India) Pvt. Ltd, 1996 5 SCC 550.

(2.) We have prefaced this judgment with the aforesaid propositions of law as settled by Hon'ble the Supreme Court for the reason that this appeal under Clause 12 of the Letters Patent reveals a sordid saga of fraud committed by the appellant. She has applied for appointment on the post of Female Multipurpose Health Worker (for brevity "FMPHW"). The learned Single Judge placed reliance on the communication dated 27.04.2011 which revealed that the Permanent Resident Certificate (for brevity "PRC") issued in her favour was forged and fabricated. However, there was another report which favoured the appellant. Accordingly, the learned Single Judge disposed of the writ petition with the direction to the Divi sional Commissioner to hold an enquiry into the issuance of PRC to respondent no.5 through some senior officer of his department. The officer entrusted with the duty of conducting enquiry was required to afford opportunity of hearing to the appellant as well as Shashita Rehman, who was petitioner no.2 in the writ petition relatable to the instant appeal. The officer was also to consider the documents/ma terial which may be placed before him and a period of four weeks was fixed. As an interim measure the learned Single Judge allowed the selection of the appellant on the post of FMPHW in Medical Block Qaimoh under NRHM scheme which was to remain subject to the outcome of the enquiry. Her selection/engagement was to be cancelled in the event it was found by the enquiry officer that the PRC belonging to her was a forged document. The appellant has to re-pay the salary, if any, she has received in pursuance to her selection/engagement on the aforesaid post. After cancellation of her appointment the case of respondent no.6, Shashita Rehman was to be considered for appointment on the post of FMPHW. The enquiry was to be independent of the police investigation which was in progress in pursuance of registration of a criminal case against the appellant. The entire exercise was to be completed within a period of six weeks and for the aforesaid period of six weeks status quo in respect of services of the appellant was to be made.

(3.) In pursuance of the direction issued the Divisional Commissioner entrusted the holding of enquiry to the Deputy Commissioner Anantnag. Accordingly an enquiry has been held and it has been found that she is not resident of village Locktipora and the PRC in question had been acquired in a fake and forged manner without following the proper procedure stipulated on the subject. It would be appropriate to set out the proceedings of enquiry conducted by the Deputy Com missioner in ex tenso, which reads as under:-