Fraudulent Employment – Faustian Bargain

We endorse Justice Dr. D.Y. Chandrachud’s opinion in Chairman and Managing Director, Food Corporation of India v. Jagdish Balram Bahira, (2017) 8 SCC 670 where Court has noted responsibility of Courts to guard against fraudulent employment.

The workmen here, having hoodwinked a Government Undertaking in a fraudulent manner, must be prevented from enjoying fruits of their ill-gotten advantage. The sanctity of public employment, as a measure of social welfare and a significant source of social mobility, must be protected against such fraudulent process which manipulates and corrupts the selection process. To abuse the legitimate process would mean deprivation of employment benefits to rightful beneficiaries. Courts must strive to ensure, employment programmes are not manipulated by deceitful middlemen, thereby setting up a parallel mechanism of Faustian Bargain.

Hon’ble Justice Hrishikesh Roy, Employers v. Janta Mazdoor Sangh, [Special Leave Petition (Civil) No. 29873 of 2016].

Faust

Dalpat Abasaheb Solunke v. Dr. B.S. Mahajan, AIR 1990 SC 434; Om Prakash Poplai v. Delhi Stock Exchange Association Ltd., (1994) 2 SCC 117; Secy. (Health) Deptt. of Health & F.W. v. Dr. Anita Puri, (1996) 6 SCC 282; M.V. Thimmaiah v. Union Public Service Commission, (2008) 2 SCC 119.

Courts in India generally avoid interfering in the selection process of public employment. It would be indeed, treading on thin ice for us. The inexorable conclusion is, it is not within domain of Courts. Only in cases of inherent arbitrariness, can Courts intervene.

Hon’ble Justice B.V. Nagarathna, Tajvir Singh Sodhi v. Jammu and Kashmir, [Civil Appeal Nos. 2164-2172 of 2023] decided on 28.03.2023.