( 1 ) THE Union Public Service Commission (for short "upsc") is the appellant against the impugned judgment of the Division Bench of the Patna high Court affirming the judgment of the Central Administrative Tribunal (for short "the Tribunal" ). The respondent, Shri Jagannath Mishra, was a candidate for Indian Engineering Service during the year 1995 and he had appeared in the written test. The examiner, while examining the answer papers in Civil Engineering Paper II (Conventional), reported the fact that the person having Roll No. 006179 is suspected to have copied from the person having Roll No. 006178 and that Shri Mishra was having Roll No. 006178. In view of the aforesaid report of the examiner, UPSC got the papers examined by an Expert Committee, which Committee also reported that the candidate bearing Roll No. 006179 has copied from the candidate having roll No. 006178 and the latter has helped and connived in such copying. UPSC, therefore, issued show-cause notice to both the candidates, namely, one having Roll No. 006178 and the other having Roll No. 006179 indicating thereunder that the person having Roll No. 006179 has copied from the person having Roll No. 006178 and the