Union Of India vs Anand Kumar Pandey

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1994 Supreme(SC) 655

SUPREME COURT OF INDIA
KULDIP SINGH AND S. MOHAN, JJ.
Union of India and others, Appellants
Versus
Anand Kumar Pandey and others, Respondents.
Civil appeal No. 4828 of 1994 (arising out of S.L.P.(C) No. 8643 of 1992)
Decided on 18-7-1994.
Advocates appeared
Mr. Altaf Ahmed, Addl. Solicitor General, Mr. A. S. Bhasme and Mr. V. K. Verma, Advocates with him, for Appellants; Mr. Tapas Ray, Sr. Advocate and Mr. D. P. Mukherjee, Advocate with him, for Respondents.
* From Judgment and Order of Central Administrative Tribunal, Calcutta Bench, in O.A. No. 966 of 1989, D/-20-12-1991.

Advocates:
A.S.BHASME, Altaf Ahmed, D.P.MUKHERJI, TAPAS RAY, V.K.VARMA

Headnote:
Constitution Of India,1950 - Investigation - Inquiry - Meanwhile in an investigation conducted on complaint received by railway authorities it was found that unfair means were adopted by candidates at centre Kithira- Question for consideration before Central Administrative Tribunal was whether in such situation railway authorities could cancel selection and empanelment of candidates from centre and direct them to sit in written examination again If so could it be done without complying with rules of natural justice Tribunal answered question in negative and quashed order of railway authorities calling upon candidates to sit in written examination once over again - This appeal by way of special leave is against judgment of Tribunal – Held, Railway authorities relying upon material placed on record by inquiring agency came to conclusion that it was not safe to make appointments based on written examination wherein unfair means were adopted on large scale - Court see no ground to differ with conclusions reached by railway authorities - Tribunal was wholly unjustified in interfering with order of appellants calling upon respondents to sit in written examination again - This Court has repeatedly held that rules of natural justice cannot be put in strait jacket - Applicability of these rules depends upon facts and circumstances relating to each particular given situation - Out of total candidates who appeared in written test at centre concerned only candidates qualified test - In that situation action of railway authorities in directing candidates of centre No appear in fresh written examination virtually amounts to cancelling result of said centre - Although it would have been fair to call upon all candidates who appeared from centre take written examination again but in facts and circumstances of this case no fault can be found with action of railway authorities in calling upon only empanelled candidates to take examination afresh - Purpose of competitive examination is to select most suitable candidates for appointment to public services - It is entirely different than an examination by College or University to award degrees to candidates appearing at examination - Even if candidate is selected he may still be not appointed for justifiable reason - In present case railway authorities have rightly refused to make appointments on basis of written examination wherein unfair means were adopted by candidates - No candidate had been debarred or disqualified from taking exam - To make sure that deserving candidates are selected respondents have been asked to go through process of written examination once again - Court are of view that there is no violation of rules of natural justice in any manner in facts and circumstances of this case - Appeal allowed

JUDGMENT

KULDIP SINGH, J.:- Special leave granted.

2. The Railway Recruitment Board, Patna held written examination followed by viva voce test for selection and recruitment to various posts of non-technical popular categories in the Eastern Railway. A panel of selected candidates was prepared and published. Meanwhile in an investigation, conducted on a complaint received by the railway authorities, it was found that unfair means were adopted by the candidates at centre No. 115 (Katihar). The question for consideration before the Central Administrative Tribunal (Tribunal) was whether in such a situation the railway authorities could cancel the selection and empanelment of the candidates from centre No. 115 and direct them to sit in the written examination again? If so could it be done without complying with the rules of natural justice? The Tribunal answered the question in the negative and quashed the order of the railway authorities calling upon the candidates to sit in the written examination once over again. This appeal by way of special leave is against the judgment of the Tribunal.

3. The Railway Recruitment Board, Patna invited applications for selection and recruitment to various posts of non-technical popular categories in the Eastern Railway. The selection was to be made as a result of written examination and a viva voce test. A large number of candidates including the respondents appeared in the written test from various centres in the city of Katihar. All the respondents, in the appeal herein, sat for the written examination at centre No. 115 called "Darshan Shah Mahavidyalaya", Katihar. It is not disputed that the respondents qualified in the written examination as well as in the viva voce test and their names were included in the panel of selected candidates which was published on September 23, 1988. Meanwhile a complaint dated September 1, 1988 was received by the railway authorities wherein it was alleged that large scale unfair means were adopted by the candidates such as leakage of question papers and mass copying at centre No. 115, Katihar.

4. Mr. Altaf Ahmad, learned Additional Solicitor General, appearing for the appellants has placed on record the copies of the complaint, Inquiry Reports and noting part of the file (confidential) for our consideration. Secretary (Vigilance), Railway Board directed an inquiry into the complaint through General Manager (Vigilance). Preliminary investigation report was sent to the Secretary on November 30, 1988. Finally the Deputy Director (Vigilance) held detailed inquiry into the allegations and sent his report 389 dated July 19, 1989 to the Executive Director(Vigilance). The report was examined in detail at various levels in the Railway Ministry and finally a decision was taken that 35 candidates of centre No. 115 be subjected to a fresh written examination. It was further decided that marks already obtained by them in the viva voce examination would be taken into account. It was further directed to complete the fresh examination within a period of one and half month. The file shows that the decision was finally approved by the Minister in-charge.

5. As mentioned above, the decision of the appellants directing the respondents to appear in a written examination once again was challenged by them before the Central Administrative Tribunal, Calcutta. The Tribunal by the impugned judgment dated December 20, 1991 set aside the order of the appellants and directed the appellants to make the appointments on the basis of the panel which was published on September 23, 1988. While issuing notice in the special leave petition this Court stayed the operation of the impugned judgment of the Tribunal.

6. The Tribunal set aside the order, directing the respondents to sit in the written examination again, on the short ground that a panel of selected candidates having been prepared and published the same could not be cancelled without assigning any reason and without affording an opportunity to

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