TMI Blog2004 (4) TMI 618X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 10th October, 1997, cancelling the offer of appointment of the respondent herein as Principal in Kendriya Vidyalaya, Rewari, in the State of Haryana was quashed. 3. The basic fact of the matter is not in dispute. 4. The respondent herein worked as P.G.T. (Maths) teacher in Kendriya Vidyalaya, Jammu, from 22nd September, 1981 to 22nd July, 1985. On and from 23rd July, 1985 to 26th June, 1986, he again worked as P.G.T. (Maths) teacher in Kendriya Vidyalaya, Lawrence Road, New Delhi, of the appellants' society. Yet again, from 26th June, 1986 to 26th July, 1994, he worked in Kendriya Vidyalaya, Rewari, Haryana. Thereafter, he had been working in one of the Kendriya Vidyalayas at Kota, Rajasthan. His permanent address is said t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te certificate did not satisfy the requirement of law and he had furnished false and inaccurate information and upon concealing his permanent residential address in Haryana. 7. It is not in dispute that so far as the State of Haryana is concerned, at the relevant point of time, Ahirs/Yadavs were not treated as O.B.C. An enquiry was conducted by the District Magistrate wherein it was found that the respondent belonged to the State of Haryana and not the State of Rajasthan and, thus, was not entitled to obtain the said certificate. 8. A show case notice was issued to him on 12th June, 1997 asking him to show cause as to why his appointment should not be cancelled. On consideration of the show cause filed by the respondent and upon t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10. The learned counsel appearing on behalf of the appellant would submit that keeping in view that the respondent was guilty of commission of fraud, it was not necessary to grant him a further opportunity of hearing as, admittedly, he obtained a certificate to the effect that he belonged to O.B.C. although he was a permanent resident of Haryana and not a permanent resident of Rajasthan. The learned counsel appearing on behalf of the respondent, on the other hand, would submit that had an opportunity of hearing being given to the respondent, he could have shown that he was appointed as an open category candidate and not as a reserved category candidate. 11. The admitted facts remain that the respondent is a permanent resident of H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gupta (Smt.) and Others, 2003 (7) SCC 492] of which two of us (V.N. Khare, CJI and Sinha,J.) are parties wherein upon noticing a large number of decisions it was held: '29. The principles of natural justice, it is trite, cannot be put in a straitjacket formula. In a given case the party should not only be required to show that he did not have a proper notice resulting in violation of principles of natural justice but also to show that he was seriously prejudiced thereby....' The principles of natural justice, it is well-settled, must not be stretched too far. (See also Mardia Chemicals Ltd. etc. etc. v. Union of India Ors. etc.etc., 2004 (4) SCALE 338] and Canara Bank and Others v. Debasis Das and Others, 2003 (4) S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a conduct either by letter or words, which induces the other person or authority to take a definite determinative stand as a response to the conduct of the former either by word or letter. 17. It is also well settled that misrepresentation itself amounts to fraud. Indeed, innocent misrepresentation may also give reason to claim relief against fraud. 18. A fraudulent misrepresentation is called deceit and consists in leading a man into damage by wilfully or recklessly causing him to believe and act on falsehood. It is a fraud in law if a party makes representations which he knows to be false, and injury ensues therefrom although the motive from which the representations proceeded may not have been bad. 19. In Derry v. Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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