Supreme Court rules that working in a society under Article 12 does not equate to being a government servant; dismisses petition based on misrepresentation of service status.
Case in NewsSociety is State under Article 12 not Govt as Supreme Court clarifies that working in a society under Article 12 does not make a person a government servant. |
Case Overview
Case Name: Pintu Chowdhury vs. Union of India, SLP(C) No. 016733 / 2025
The Supreme Court of India on June 16, dismissed a plea challenging the dismissal of a man who misrepresented himself as a government servant . The case was heard by a bench comprising Justice Ujjal Bhuyan and Justice Manmohan . The petitioner, Pintu Chowdhury was previously employed with Tripura Tribal Welfare Residential Educational Institutions Society (TTWRES) and later applied for the post of Junior Weaver in a Central Government department . He falsely claimed that his prior employment was in a government department to qualify for the post. His services were terminated after the misrepresentation was discovered .
Key Aspects
The Court addressed key factual and legal issues surrounding the nature of employment in societies that fall within the scope of Article 12. Despite TTWRES being considered “State” under the Constitution, the nature of the petitioner’s post was not equivalent to that of a civil servant .
- Petitioner previously worked in TTWRES, a registered society supported by the State .
- Misrepresented himself as a government employee to gain eligibility for a Central government post .
- Ministry of Textiles and DoPT verified that TTWRES was not a government department .
- Both single and division benches of the Tripura High Court upheld the termination .
Legal Insights
The case involved interpretation of constitutional and service law provisions :
- Article 12 of the Indian Constitution : Defines “State” to include authorities and societies controlled by the government . However, this does not confer government servant status on employees of such bodies .
- Rule 2(h) of CCS (CCA) Rules, 1965 : A government servant must hold a civil post under the Union or State . The petitioner’s post in TTWRES did not satisfy this requirement .
- Doctrine of Estoppel : Not applicable in cases of fraud . The Court emphasized that any appointment obtained through misrepresentation of facts is voidable and equity cannot be claimed based on fraudulent acts .
- The High Court also noted that relaxation rules apply only to those holding civil posts under the government .
Court’s Verdict
The Supreme Court upheld the High Court’s findings, reiterating that a society may fall under Article 12 but that alone does not make its employee a government servant . The petition was dismissed confirming that appointment obtained by misrepresentation is voidable .
Source – Supreme Court of India
Read also – Article 12 of Indian Constitution
