HC upholds AMC's decision to sack four fire officers
The officers had allegedly submitted fake sponsorship letters to gain admission into a mandatory training course at the National Fire Service College (NFSC), Nagpur. The AMC assured the court that similar action would be taken against other fire officials who gained employment through the same fraudulent means.
The controversy surfaced following a vigilance probe, which revealed that the sponsorship letters submitted by several appointees for NFSC admission were forged.
Based on this, the AMC terminated their services last year. The dismissed officials challenged the decision in the high court, and a single judge had quashed the termination orders.
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AMC subsequently appealed against the reinstatement of four officers — Asif Shaikh, Sudhir Gadhvi, Mehul Gadhvi, and Shubham Khadiya.
A division bench of Justices A S Supehia and R T Vachhani ruled that the appointments were "void ab initio".
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Citing the legal doctrine sublato fundamento cadit opus (if the foundation is removed, the structure falls), the court stated that appointments based on fraud cannot be legitimized.
The dismissed officers claimed discrimination, arguing that others who used similar means had not been penalized. However, the court rejected this argument, observing: "The concept of 'equality', as envisaged under Article 14 of the Constitution, is a positive concept which cannot be enforced in a negative manner. Hence, the punishment cannot be set aside on the ground of discrimination."
The court also recorded AMC's assurance, through its counsel advocate Virk, that action would be taken against all employees who had submitted fake sponsorship letters.
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