Jammu: Jammu and Kashmir Lieutenant Governor (L-G) Manoj Sinha, on Monday, terminated the services of 103 appointees in Fire and Emergency Services Department after an inquiry and the Anti-Corruption Bureau (ACB) found them illegally selected.

An order issued by Chandraker Bharti, Jammu and Kashmir Home Department Secretary has said: "Whereas, the government constituted an Inquiry Committee vide Government Order of 2022 dated December 12, 2022, to examine allegations of irregularities in the recruitment process of Firemen/Fireman drivers conducted in 2020 by the Fire and Emergency Services Department."

"And Whereas, the Committee, after detailed examination, recommended a criminal investigation by the J&K ACB into allegations of paper leakage, manipulation of results, and other issues," the order said.

"And whereas, pursuant to these findings, the J&K Anti-Corruption Bureau registered an FIR on January 2, 2025, and submitted a preliminary verification report vide letter numbers ACB-FIR dated January 9, 2025, followed by letters vide number ACB-FIR dated November 21, 2025, and number ACB-FIR dated November 28, 2025, establishing large-scale tampering in OMR sheets, fabricated scanned images of answer sheets, and illegal manipulation of merit lists, conclusively confirming manipulation of results in favour of 106 candidates who were awarded marks far in excess of what they actually secured, tampered digital evidence."

"Whereas, it has been established beyond doubt that the appointments of these 106 candidates were obtained fraudulently, through criminal means and result-manipulation, rendering their appointments void from the beginning."

"And whereas, the protections available to civil servants under Article 311(2) do not apply in cases where the appointment itself is illegal and where the foundation of employment is vitiated by fraud," the order added.

"The Division Bench of High Court of J&K and Ladakh vide its judgement dated July 18, 2023, passed in writ petition (civil) titled Mohammad Yousuf Allie Vs High Court of J&K and Ors., while upholding the termination of services of petitioner without enquiry has held that entry into the service of petitioner itself was by fraudulent means and therefore depriving him of an opportunity of a departmental enquiry is not in violation of Article 311 of the Constitution as has been held by the Supreme Court in similar circumstances in Vishwanatha Pillai V/S State of Kerala and Ors AIR 2004."

"Similarly, the Supreme Court, in Punjab Urban Planning and Development Authority vs. Karamjit Singh (Civil Appeal No. 3925/2019), has held that where the appointment is illegal or void from inception, principles of natural justice, including a departmental inquiry, do not apply, as the individual never legally acquired the status of a government employee," the order said.

"And whereas, since these 106 individuals secured appointment through fraudulent means prior to entering service, they do not enjoy the protections contemplated under Article 311 which provides the provision of an opportunity to be heard."

"And whereas, out of the 106 identified illegal appointees, the appointment of three candidates has been cancelled by the Fire and Emergency Services Department Director, for not fulfilling the requisite formalities required for appointment in government service," the order added.

"And whereas, on the basis of the findings of the Inquiry Committee, the preliminary verification report and investigation status report submitted by ACB, the documentary evidence showing manipulation of OMR sheets and merit lists, the admission of several candidates regarding payment of illegal consideration and the Supreme Court's established directions on illegal/void appointments."

The order also said that the competent authority is fully satisfied that "The appointments of these 103 individuals were not made on merit and were secured through fraudulent manipulation."

"Their continuation amounts to a perpetuation of illegality, undermining public trust and the sanctity of recruitment processes."

"In view of the facts and circumstances explained herein above, it is hereby ordered that the appointments of the 103 candidates as Fireman in the Fire and Emergency Services Department, whose names and particulars are annexed as Annexure-A, are declared illegal, void ab initio, and are hereby terminated with immediate effect."

"These individuals shall accordingly cease to be borne on the establishment of the Fire and Emergency Services Department with effect the date of issuance of this order," the order said.

There were widespread protests by candidates who had appeared for this selection alleging that there had been bungling in the selection process.