Did J&K L-G Sinha Just End the Tenure of 103 Illegally Hired Firemen?
Synopsis
Key Takeaways
- 103 appointees terminated due to illegal selection.
- Investigation highlighted serious irregularities in recruitment.
- Public trust in government hiring processes is crucial.
- Legal protections under Article 311 do not apply in fraudulent cases.
- Widespread protests indicate public concern over recruitment integrity.
Jammu, Dec 15 (NationPress) The Lieutenant Governor of Jammu and Kashmir, Manoj Sinha, on Monday, dismissed 103 employees from the Fire and Emergency Services Department following an investigation by the Anti-Corruption Bureau (ACB), which uncovered that these individuals had been hired through illegal means.
The directive issued by Chandraker Bharti, Secretary of the Jammu and Kashmir Home Department, stated: "Given that the government set up an Inquiry Committee via Government Order of 2022 dated December 12, 2022, to investigate claims of misconduct in the recruitment of Firemen and Fireman drivers conducted in 2020 by the Fire and Emergency Services Department."
"Moreover, the Committee, after a thorough review, suggested a criminal investigation by the J&K ACB regarding allegations of paper leaks, result manipulation, and various other irregularities," the directive continued.
"Additionally, based on these findings, the J&K Anti-Corruption Bureau filed an FIR on January 2, 2025, and submitted a preliminary verification report via letter numbers ACB-FIR dated January 9, 2025, followed by letters numbered ACB-FIR dated November 21, 2025, and November 28, 2025, which established extensive tampering of OMR sheets, forged scanned images of answer sheets, and illegal manipulation of merit lists, conclusively affirming that results were manipulated favorably for 106 candidates who were awarded scores far exceeding their actual performance, alongside tampered digital evidence.
"It has been unequivocally confirmed that the appointments of these 106 candidates resulted from illicit actions and fraudulent means, making their appointments null from the outset," the directive stated.
The directive emphasized that protections available to civil servants under Article 311(2) do not apply when the appointment is illegal and marred by fraud.
The Division Bench of the High Court of J&K and Ladakh, in its ruling dated July 18, 2023, in the writ petition (civil) titled Mohammad Yousuf Allie Vs High Court of J&K and Ors., upheld the termination of the petitioner's services without inquiry, affirming that his entry into service was obtained through fraudulent means, thus denying him a chance for a departmental inquiry does not violate Article 311 of the Constitution, as supported by the Supreme Court in similar cases such as Vishwanatha Pillai V/S State of Kerala and Ors AIR 2004.
The Supreme Court, in the case of Punjab Urban Planning and Development Authority vs. Karamjit Singh (Civil Appeal No. 3925/2019), also ruled that when an appointment is illegal or void from the start, principles of natural justice, including departmental inquiries, are inapplicable since the individual never legally attained the status of a government employee.
Since these 106 individuals obtained their appointments through fraudulent avenues before commencing their service, they do not possess the protections under Article 311, which typically grants the right to be heard.
Out of the 106 identified illegal appointees, the Fire and Emergency Services Department Director has annulled the appointments of three candidates for failing to meet the necessary formalities required for government employment.
Based on the Inquiry Committee's findings, preliminary verification report, and investigation status report provided by the ACB, as well as documentary proof illustrating manipulation of OMR sheets, merit lists, admissions by several candidates regarding illegal payments, and directives established by the Supreme Court concerning illegal or void appointments, the competent authority is fully convinced that "The appointments of these 103 individuals were secured through fraudulent manipulation and not on merit."
Their continued employment would signify a perpetuation of illegality, eroding public confidence and the integrity of recruitment processes.
Consequently, it has been decreed that the appointments of the 103 candidates as Firemen in the Fire and Emergency Services Department, whose names and details are attached as Annexure-A, are deemed illegal, void ab initio, and are terminated immediately.
These individuals will cease to be part of the Fire and Emergency Services Department's establishment effective from the date of this order.
Widespread protests have erupted among candidates who participated in this selection, alleging significant irregularities in the selection process.