In the case of Ram Chandra Singh Vs. Savitri Devi and others, JT 2005 (11) SC 439, Hon'ble Supreme Court has elaborately considered the meaning of the word fraud and its effects and held in para 15 to 34 as under :
She submits that in the case of Dhanpal (supra), the Full Bench of this Court has not held that even the forged certificate of Adhikari Pariksha up to the year 2008 shall be treated to be valid.
In Indian Bank v. Satyam Fibres (India) Pvt. Ltd. , this Court after referring to Lazarus Estates (supra) and other cases observed that 'since fraud affects the solemnity, regularity and orderliness of the proceedings of the Court it also amounts to an abuse of the process of the Court, that the Courts have inherent power to set aside an order obtained, by practising fraud upon the Court, and that where the Court is misled by a party or the Court itself commits a mistake which prejudices a party, the Court has the inherent power to recall its order".
20. Applying the principles laid down in the aforementioned judgments of Hon'ble Supreme Court on the facts of the present case, this Court finds that since the petitioner procured the appointment on the basis of forged mark sheet and certificate, it amounted to misrepresentation and fraud on the employer. In the circumstances, there would be no equity in favour of the petitioner or any estoppel against the employer while restoring to termination without holding any enquiry. The petitioner suppressed material information and gave false information and, therefore, he cannot claim any right to continue in service. The respondent employer has rightly exercised the discretion to terminate the services of the petitioner.