Orders recovery of benefits received by the fraudulent since 2019
Srinagar, Jun 01 :
The School Education Department Saturday said that a person have been ‘impersonating’ as a teacher from past five years by making a fraudulent entry in the department.
The department accordingly had ordered recovery of the benefits drawn out of the fake entry made by the person.
According to the news agency—Kashmir News Observer (KNO), Director of School Education Kashmir (DSEK) in a order said that the department while examining the records relating to appointment of General Line Teachers for the purpose of reconciliation of incumbency position, ‘it has come to the notice that one person has been working at Girls High School Kunzer as teacher, since December 2019 was having doubtful initial appointment.’
DSEK said that accordingly, the Chief Education Officer (CEO) Baramulla was requested to furnish a report on the genuineness of her appointment having reference to relevant records.
According to DSEK, the CEO on 25-05-2024, furnished a detailed report which besides other things reveal that the fraudulent has reportedly joined the department on 20th of December, in 2019 as a teacher by producing an adjustment order.
“However, he has reported that the order in question has not been issued by his office as verified from the dispatch register and other office records perusal of the adjustment order in question provided by the office of CEO Baramulla, reveals that the order has reference to High Court Order of 2019 issued under SWP No. 56/2018, M.P.No. 13/2018,” it reads.
DSEK however said that it has found that the ibid SWP pertains to Home Department and has no relevance to the subject’s appointment.
“The mentioned adjustment order also has a reference to this office, but upon verification it was found that the subject is not figuring anywhere in the ibid order. It has found that on the basis of which the fraudulent has managed her entry in the School Education Department is fake, thus the subject has drawn her salary fraudulently causing loss to government exchequer,” reads the order.
DSEK further said that Supreme Court in catena of judgements has held that it is not necessary for the employer to hold an enquiry before dispensing with the services of such an employee which has never been in existence or non-est in the eyes of law and that the observance of principles of natural justice is not necessary in such cases.
The judgements have been re-iterated and taken as reference by the High Court of J&K and Ladakh in a recent judgement. It has been held that there is no need to conduct an inquiry into case of fraudulent appointments being non-est in the eyes of law.”
DSEK said that the fraud committed by the person attracts immediate initiation of criminal proceedings against her as well as co-conspirators and recovery of salary, emoluments drawn by her from the Department.
“Keeping in view the facts and circumstances, the fraudulent entry managed in the department by the ‘fake person’ on the basis of mentioned orders being non-est in the eyes of law, shall be deemed to be null and void, ab- initio,” it reads.
The directorate accordingly ordered that the benefits drawn out of the fake entry shall be recovered immediately from the subject—(KNO)