Fraudulent appointment in railway service justified removal, as forged documents voided the employment and long service created no equity.

Railway appointments obtained by producing bogus or forged casual labourer service cards were procured by fraud and misrepresentation, and the departmental enquiry established that the documents were unauthentic. Such appointments were voidable at the employer's instance and could be recalled, provided natural justice was observed. Long continuance in service did not create equity or estoppel in favour of employees who secured entry by dishonest means. The removal orders were therefore sustained and reinstatement was not available.

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Issues: Whether railway employees who secured employment on the basis of bogus and forged casual labourer service cards could be retained in service and whether orders of removal were sustainable.

Analysis: The employees had obtained railway employment by producing forged or bogus service cards, and the departmental enquiry had established the unauthenticity of those documents. Such conduct constituted fraud and misrepresentation on the employer while securing appointment. The Court held that, independent of the applicability of Rule 3(1)(i) and (iii) of the Railway Services (Conduct) Rules, 1966, appointments procured by fraud are voidable at the instance of the employer and may be recalled after due and compliance with natural justice. Continuance in service for a long period does not create any equity or estoppel in favour of persons who secured employment by dishonest means.

Conclusion: The orders of removal were valid and the direction for reinstatement could not stand.

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