Doctrine of Proportionality cannot be applied in cases where employment is obtained through fraud

During the recruitment process the employee was asked to submit application form along with transfer certificate in response to which he submitted a forged transfer certificate of class VII and subsequently when this caught the attention of the management, a chargesheet was served upon him and accordingly enquiry proceedings were conducted in pursuance of which he was dismissed from the service. Thereafter, the employee filed a writ petition challenging the order of enquiry. The single judge bench quashed the order of dismissal and reverted the matter back to BPCL for reconsideration on quantum of penalty in the light of 17 years of service of the employee. Aggrieved by the order, BPCL filed special appeal. The division bench of Rajasthan High Court in D.B. Spl. Appl. Writ No. 38/2023 observed that the courts are constrained to note that the doctrine of proportionality cannot be invoked in cases where the root of the employment itself is based upon forged document. The very eligibility of the person is at stake since the employee has obtained such employment by fraud and therefore long tenure cannot create any sympathy in the mind of this court.