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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

Present :-

The Hon’ble The Chief Justice SUJOY PAUL

&

The Hon’ble Justice PARTHA SARATHI SEN

WP.CT 63 OF 2026

ABINASH KUMAR

-Vs-

THE UNION OF INDIA & ORS.

For the Petitioner: Mr. Md. Salahuddin, Adv.,

Mr. Md. Raziuddin, Adv.

For the Respondents: Mr. Samir Kr. Dutta, Adv.,

Mr. Tapan Bhanja, Adv.

Hearing concluded on: 11.05.2026

Judgment on: 13.05.2026

PARTHA SARATHI SEN, J. : –

1. In this writ petition as filed under Article 226/ 227 of the Constitution of

India the order dated 09.12.2025 as passed by the Central Administrative

Tribunal, Kolkata Bench, Kolkata (‘Tribunal’ in short) in OA no.

350/1139/2024 is assailed. By the impugned order the said Tribunal while

disposing the said OA declined to interfere with the communication vide Memo

no. RRB/ MLDT/ Court Case/OA 442 of 2017/Abinash Kumar dated

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19.07.2024 whereby and whereunder the respondent no. 4 authority reaffirmed

the decision taken by the respondent authorities regarding the candidature of

the writ petitioner for the post of Technician Gr. III/Fitter(C&W), Cat No. 65 of

CEN No. 01/2014 and debarring him from all RRB examinations for lifetime

because of impersonation vide earlier communication dated 08.02.2017

remained same. The writ petitioner/original applicant felt aggrieved and thus

approached before us by filing the instant writ petition.

2. For effective adjudication of the instant writ petition the facts leading to

filing of the instant lis are required to be dealt with in a nutshell. Pursuant to

an advertisement dated 18.01.2014 the writ petitioner made an application in

the prescribed format for the post of Technician Gr. III/ Fitter (C&W) to the

Railway Recruitment Board, Malda (‘RRB’ in short) and after obtaining admit

card from the said RRB the writ petitioner appeared in the written examination

on 13.07.2014 where he was found to be successful. On 29.12.2015 the writ

petitioner was called for verification of the original certificates and other

documents and in course of such process, it has been noticed by the

respondent no. 4 authority that there are differences in handwriting

characteristics available in the application form of the writ petitioner/ original

applicant and document verification sheets with that of OMR answer sheet,

attendance sheet and call letter for written examination.

3. Since a doubt arose in the mind of the respondent no. 4 authority, the

entire matter was sent to Government Examiner for Questioned Document,

Ministry of Home affairs (GEQD) and the said authority in its report confirmed

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that the person who wrote the writings and signatures on the application form

and document verification sheets did not rightly the writings and signatures on

the OMR answer sheet, call letter and attendance sheet of the written

examination.

4. Pursuant to such report a show-cause notice dated 20.10.2016 was issued

by the respondent no. 4 authority to the writ petitioner and on receipt of the

reply thereof, the respondent no. 2 authority found that the cause shown by

the writ petitioner/ original applicant is not acceptable being devoid of any

merit and thus, cancelled the candidature of the writ petitioner/ original

applicant and debarred him from all RRB examinations for lifetime because of

impersonation.

5. The said decision of the respondent no. 2 authority was challenged before

the Tribunal by the writ petitioner/ original applicant by filing OA no.

350/00442/2017 which was disposed of on 17.08.2023 whereby and

whereunder the said Tribunal directed the respondent authorities to get the

handwriting of the writ petitioner/ original applicant verified by a Government

agency namely; Central Forensic Science Laboratory, Government of India

(‘CFSL’ in short). The said order dated 17.08.2023 of the Tribunal was assailed

before this High Court by filing WP.CT 11 of 2025 which was disposed of by a

coordinate Bench of this Court by observing that since the CFSL has already

submitted its report