Civil service

--- Termination of appointment --- Fraud --- Question of fact --- Requirement of evidence --- Due process --- Fair and lawful inquiry --- Scope --- Fraud is a question of fact, and unless it is proved through evidence and in accordance with due process, any termination on that ground will be illegal, arbitrary and unconstitutional --- Termination based on an unproven allegation of fraud carries a stigma with grave civil consequences, including loss of employment, reputation and future prospects --- Therefore, before imposing such a stigma, the competent authority must hold a lawful and fair inquiry to establish the alleged fraud --- A finding of fraud reached in an inquiry conducted without associating the persons affected does not satisfy the requirements of due process under Articles 4 and 10A of the Constitution and further violates the fundamental principle of audi alteram partem.

--- Pension --- Nature of right --- Delayed claim --- Effect --- Pension is a vested constitutional right earned through long, continuous, and faithful service, and not a bounty or a matter of generosity by the employer --- A delay in applying for pensionary benefits (even a lapse of thirteen years) does not act as a disentitlement --- Neither the principle of laches nor the provisions of the Limitation Act, 1908, apply to pensionary claims, as the right devolves upon the servant automatically upon retirement or accepted resignation, and formal applications are merely procedural for streamlining records.

--- Equitable implementation of policy --- Scope --- Good management exemplifies and represents a set of distinctive virtues and standards including wisdom, uprightness, empathy, fairness, non-discriminatory employment policies, equal opportunity employer, congenial working environment which enables to carry on and manage the affairs of institution/establishment effectively --- Here the grievance of the petitioners is that despite prevailing policy, their applications were ignored and no consideration was made for their appointment in view of the policy --- If the management circulates any beneficial employment/recruitment policy then such policy should have been implemented equitably and evenhandedly across the board and not through cherry-picking to deprive its benefits to the deserving contenders.

--- Promotion --- Withdrawal of promotion --- Retrospectivity --- Vested rights --- Due process --- Scope --- Promotion granted under the rules prevailing at the relevant time cannot be withdrawn by mechanically invoking Supreme Court judgments against out-of-turn promotions; repeal or omission of rule 13.6(2) of Police Rules, 1934 has no retrospective effect to disturb vested rights --- Reversion without notice, hearing and reasoned order violates Article 10-A of the Constitution --- Service Tribunal must independently examine service record and rule-position --- Impugned judgment set aside and matter remanded.