Whereas, the Government constituted an Inquiry Committee vide Government Order No. 1513-JK(GAD) of 2022 dated 12.12.2022 to examine allegations of irregularities in the recruitment process of Fireman/Fireman Drivers conducted in 2020 by the Fire & Emergency Services (F&ES) Department; and
Whereas, the Committee, after detailed examination, recommended a criminal investigation by the ACB, J&K into allegations of paper leakage, manipulation of results, and other issues; and
Whereas, pursuant to these findings, the Anti-Corruption Bureau, J&K registered FIR No. 01/2025 on 02.01.2025 and submitted a preliminary verification report vide letter Nos. ACB-FIR-01/2025-Central-(762988)-259-63 dated 09.01.2025, followed by letters vide No. ACB-FIR-01/2025-C-15626 dated 21.11.2025 and No. ACB-FIR-01/2025-C-15992 dated 28.11.2025 establishing large-scale tampering in OMR sheets, fabricated scanned images of answer sheets, and illegal manipulation of merit lists, conclusively confirming manipulation of results in favour of 106 candidates who were awarded marks far in excess of what they actually secured, tampered digital evidence, criminal conspiracy and beneficiaries’ admissions;
Whereas, it has been established beyond doubt that the appointments of these 106 candidates were obtained fraudulently, through criminal means and result-manipulation, rendering their appointments void ab initio; and
Whereas, the protections available to civil servants under Article 311(2) do not apply in cases where the appointment itself is illegal and where the foundation of employment is vitiated by fraud. The Division Bench of the High Court of J&K and Ladakh vide its judgment dated 18.07.2023 passed in WP(C) No. 1221/2021 titled *Mohammad Yousuf Allie vs High Court of J&K and Ors.*, while upholding the termination of services of petitioner without enquiry, has held that entry into service of petitioner itself was by fraudulent means and therefore depriving him of an opportunity of a departmental enquiry is not in violation of Article 311 of the Constitution as has been held by the Hon’ble Supreme Court in similar circumstances in *Vishwanatha Pillai vs State of Kerala and Ors* AIR 2004. Similarly, the Hon’ble Supreme Court, in *Punjab Urban Planning & Development Authority vs Karamjit Singh* (Civil Appeal No. 3925/2019), has held that where the appointment is illegal or void from inception, principles of natural justice, including a departmental enquiry, do not apply, as the individual never legally acquired the status of a Government employee; and
Whereas, since these 106 individuals secured appointment through fraudulent means prior to entering service, they do not enjoy the protections contemplated under Article 311 which provides the provision of an opportunity to be heard; and
Whereas, out of the 106 identified illegal appointees, the appointment of 03 candidates has been cancelled by the Director, F&ES, for not fulfilling the requisite formalities required for appointment in government service; and
Whereas, on the basis of the findings of the Inquiry Committee, the preliminary verification report and investigation status report submitted by ACB, the documentary evidence showing manipulation of OMR sheets and merit lists, the admission of several candidates regarding payment of illegal consideration and the Hon’ble Supreme Court’s established directions on illegal/void appointments, the Competent Authority is fully satisfied that:
1. The appointments of these 103 individuals were not made on merit and were secured through fraudulent manipulation.
2. Their continuation amounts to a perpetuation of illegality, undermining public trust and the sanctity of recruitment processes.