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2019 Supreme(Jhk) 461

SUJIT NARAYAN PRASAD
Raj Aryan – Appellant
Versus
Union Public Service Commissioner – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sachin Kumar, Advocate.
For the Respondent:Mr. Faiz Ur Rahman, Advocate.

ORDER :

1. The writ petition is under Article 226 of the Constitution of India whereby and whereunder the order dated 09.11.2018 issued by under Secretary, Union Public Service Commissioner whereby and whereunder the petitioner has been debarred from appearing in all future examinations/selections to be held by the commission with immediate effect.

2. It has been contended by the learned counsel for the petitioner by referring to the show cause dated 19th September, 2018 that the allegation as has been levelled upon the petitioner that he being a member of the WhatsApp group named “Berojgartollofficia11118”, was found to be active in cheating so as to gain undue advantage in the examination.

3. It has further been noticed that being a member of the said WhatsApp group, the petitioner has failed to report before hand about leaking of the question and getting the answer from outside, therefore, a serious misconduct has been committed being an examinee, in view thereof, he was asked to explain as to why he be not debarred permanently from all future examinations/selections of the commission.

4. The case of the petitioner is that merely because he was a member to the said WhatsApp group, c

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