Gujarat High Court Upholds Ahmedabad Municipality's Decision To Terminate Fire Officers Who Secured Appointment Using Dubious Documents

The Gujarat High Court upheld Ahmedabad Municipal Corporation's order terminating services of three persons appointed as Station Fire Officers on the ground that they secured appointment by resorting to dubious documents underscoring that illegal acts would also cover even those actions committed prior to appointment. 

The high court was hearing Ahmedabad Municipal Corporation's plea challenging single judge's order which had set aside the termination of Station Fire Officers by the Corporation, who were on probation from 2016 to 2019.

The pre-condition for the applying to the post was that the candidate must possess Station Officer's Course of Training at the National Fire Service College (NFSC) Nagpur. The respondents were declared successful; however based on a private complaint, the Corporation called upon the respondents on 30.11.2022 to provide the evidence with regard to their entry into the NFSC, Nagpur.

While the respondents were on probation, show-cause notices were issued on 24.08.2023 for termination of their service, against which they approached the single judge which directed the corporation to conduct a departmental inquiry. The inquiry held that the charge of illegal entry in the NFSC, Nagpur, by producing false recommendations was proved.

Subsequently respondents made representations and the corporation in its order imposed punishment of termination of service; against this the respondents moved before the single judge which set aside the termination. 

A division bench of Justice AS Supehia and Justice RT Vachchani referred to various Supreme Court judgments which had held that in case of suppression of material information which has direct impact on the appointment, “if the initial action is not in consonance with law, the subsequent conduct of a party cannot sanctify the same.“Subla Fundamento cedit opus”- a foundation being removed, the superstructure falls".

The high court held that in the present case, the doctrine of “Subla Fundamento cedit opus” will directly apply. The high court noted that the respondents were given ample time during the inquiry to produce documentary evidence to prove the sponsorship letters used by them to secure entry into NFSC however they had failed to produce such evidence.

"The foundation of securing appointment by the respondents in getting entry in the NFSC, Nagpur for undergoing training of Sub-Officers' Course is premised on an illegal act. Thus, the action of the entry itself, which ultimately, has led to their successful completion of Sub-Officers' Course, which has been further relied upon by them for securing the appointment in the appellant-Corporation, can be said to be illegal. Though, the Sub-Officers Course may be legal, but its foundation based on illegal Sponsorship Letter is illegal hence, it will have direct impact on the sanctity of securing their appointment. In case, the respondents had not forged their Sponsorship Letters, they would not have secured the entry in NFSC,Nagpur. The quintessential condition for securing entry at the NFSC, Nagpur was to have Sponsorship Letter of an existing entity/establishment, in which they were serving. In the present case, the respondents-original petitioners have miserably failed to point out a single document to show that they were the employees of their respective sponsoring establishments". 

The high court observed that when the initial act of the respondents in securing entry in the NFSC, Nagpur itself is illegal, the subsequent conduct of successfully undergoing the course of Sub Officers' Training from the NFSC cannot be treated “legal”.

The high court said that the Corporation in its advertisement to the post, had "specifically cautioned the aspirants" like the respondents by stating that if in future, any documentary evidence relating to date of birth, educational qualification, age, caste, experience and other evidence, is found to be false or doubtful, then the aspirants would be subject to appropriate proceedings and their "appointment can be cancelled at any point of time".

"The said clause indubitably empowers/authorizes the appellant-Corporation to initiate appropriate action on having the knowledge of dubious documents. This condition cannot be confined to the illegal acts committed at the time of appointment, but can be invoked and covers all the illegal acts committed prior to securing the appointment. If the contention of the respondents is accepted, then such proposition will be an anathema to the recruitment process," the court added.

Allowing the appeal, the bench quashed the single judge's order and upheld the termination of the respondents. 

Case title: AHMEDABAD MUNICIPAL CORPORATION v/s SHAIKH ASIF AHMED MOHAMMED HANIF

Counsel for AMC: Government Pleader GH Virk

Counsel for Respondents: Senior advocate Shalin Mehta, advocates Sahil M Shah, Sanket K Pandya and KM Antani

Click Here To Read/Download Order

Citation: 2025 LiveLaw (Guj) 114