In Brief
The State of Orissa challenged a Tribunal and High Court order reinstating an employee (Bibhisan Kanhar) who worked as a Farash. The employee had been removed after a State Level Scrutiny Committee found his Schedule Tribe certificate fraudulently obtained; his actual caste was Schedule Caste. Although appointed to an unreserved post, he was selected only because his fraudulent certificate made him eligible for sponsorship. The Supreme Court held that fraud vitiates all transactions flowing from it. Once fraud is proved, no person can retain an advantage procured by it. The Court reversed the lower courts and upheld the removal, applying the principle that fraudulently obtained employment cannot be protected by courts.
The lawyer headnote and full judgment text are available to registered users.