Termination of appointment

--- Termination of appointment --- Due process --- Fair hearing --- Scope --- When an employee’s appointment is terminated on the ground that it was obtained fraudulently or that he or she was never validly recommended for appointment, the essence of the charge is misconduct—a serious allegation that impugns the employee’s integrity --- Such a charge cannot be acted upon summarily or on the basis of mere administrative suspicion; it must be established through proper proceedings in which the accused is afforded a fair opportunity to defend himself or herself --- Articles 4 and 10A of the Constitution guarantee that no person shall be deprived of his rights except in accordance with law, and that every person has the right to a fair trial and due process.

--- 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.