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2022 Supreme(All) 1165

IN THE HIGH COURT OF ALLAHABAD
Vikram D. Chauhan, J.
Ravi Kumar Yadav - Petitioner
Versus
Union Of India And 4 Others - Respondents
Writ A. No. 8534 of 2018
Decided On : 15-11-2022

Advocates Appeared:
For the Petitioner: Santosh Kumar Yadav, Siddharth Khare.
For the Respondents: A.S.G.I., Om Prakash Srivastava, Ratan Agarwal, Vivek Ratan Agrawal.

Headnote:

Constitution of India, 1950 – Articles 14, 16 – Constitutional requirement – Writ petition is preferred challenging order passed by respondent no 4 – Further prayer has been made in the writ petition for directing respondent authorities to appoint petitioner as Single Window Operator-A/Clerk in respondent department and to pay his regular monthly salary every month – Held, Presumption that examination was fair and free is in favour of petitioner as examining body has never recorded any finding against petitioner – It is for Bank to bring material and cogent evidence against petitioner to establish that petitioner has never participated in the examination and such a procedure can only be permitted when officer of examining body, who were participated in examination and handwriting expert and other expert, everybody is permitted to participate in proceedings – Respondents by doubting candidature of petitioner is in fact challenging examination process and verification conducted by Invigilators and examining body during examination process with regard to presence of petitioner at time of examination – Once examining body has not reported any fault in examination process and has cleared candidate for selection then doubting presence of petitioner at time of examination would require examining body to be part of enquiry process and to further examine various identification process established by examining body at time of examination – In present case, no such procedure has been followed by respondent Bank and Bank has not proceeded in accordance with law – Writ petition allowed.

JUDGMENT :

(Vikram D. Chauhan, J.)

1. Heard Shri Siddharth Khare, learned counsel for the petitioner and Shri Vivek Ratan Agarwal, learned counsel for the respondents.

2. The present writ petition is preferred challenging the order dated 9.2.2018 passed by respondent no 4. Further prayer has been made in the writ petition for directing the respondent authorities to appoint the petitioner as the Single Window Operator-A/Clerk in the respondent department and to pay his regular monthly salary every month.

3. The Institute of Banking Personnel Selection notified a common recruitment process for recruitment in clerical grade for the 19 Banks including the respondent-Union Bank of India. The advertisement notified the time schedule under which 01.09.2014 was specified as the last date for online registration and 17.11.2014 as the date for downloading call letters for examination in December 2014. The result were to be declared in February 2015.

4. The petitioner in pursuance to the aforesaid advertisement submitted his application for participating in the above-mentioned recruitment process. Petitioner was issued admit card for appearing in the written examination scheduled to be held on 13.12.2014 in which petitioner was required to appear in the said examination at the examination centre being Dr. Rizvi College of Engineering, Kaushambi.

5. The petitioner participated in the online examination held on 13.12.2014. Result of aforesaid examination was declared by examining body being Institute of Banking Personnel Selection and petitioner was shown to have qualified written examination. Petitioner was also shortlisted for interview by Examining Body.

6. The petitioner participated in the interview and thereafter in final result, petitioner was shown to be selected under the OBC category for appointment in Union Bank of India. The copy of final result of the petitioner is annexed as annexure 5 to writ petition.

7. In pursuance to above-mentioned selection of petitioner, Assistant General Manager, Union Bank of India issued an offer of appointment to the petitioner on 25.04.2015. The candidates recruited for the State of Uttar Pradesh were required to report before the Field General Managers’ Office at Lucknow on or before 30.05.2015. Petitioner reported at the Lucknow Office and completed all formalities.

8. On 28.12.2015 petitioner was issued a communication by the Assistant General Manager of respondent Bank to the effect that during the course of reporting of candidature of petitioner it was found that there existed variance in the signature of petitioner on different pages upon which specimen of handwriting and thumb impression was obtained from petitioner and same was forwarded to the handwriting expert for enquiry. Subsequent to the receipt of the communication dated 28.12.2015 by the petitioner there has been no communication to the petitioner and as such, petitioner preferred Writ Petition No.42948 of 2017.

9. The above-mentioned writ petition was finally disposed of by order dated 24.10.2017 while noticing the contention of counsel for the respondent bank that a fact-finding enquiry is being conducted by respondent bank in which opinion of handwriting expert has been called and bank has yet to take a final view in the matter. The aforesaid order dated 24.10.2017 further directed respondent bank to complete the enquiry within a period of two months after affording the petitioner adequate opportunity of hearing and after confronting the petitioner with the material considered adverse to him.

10. Respondents supplied the handwriting expert report along with documents on the basis of which, expert has expressed his opinion. On 08.01.2018 hearing in the enquiry proceedings/concluded and on 09.02.2018 an order has been passed by the respondent authorities rejecting the candidature of petitioner. It is order dated 9.2.2018 which is subject matter of challenge in the present writ petition.

11. It is submitted by learned counsel for p

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