Disciplinary proceedings based solely on handwriting expert opinion without corroborative evidence are unsustainable.

ORDER

Per: Hon’ble Shri Jayesh V. Bhairavia, Member (J)

The instant OA has been filed by the applicant under section 19 of the Administrative Tribunal Act seeking following reliefs:-

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(A) Quashing and setting aside the charge memorandum dated 13.02.2023 at Annexure A/1. Appointment of IO and PO vide Order dated 10.05.2023 annexed at Annexure A-2 & A-3 be please cancelled in pursuant to order of the Tribunal dated 04.05.2023.

(B) Permanently restraining the respondents from proceeding with the inquiry initiated against the applicant pursuant to the charge memorandum dated 13.02.2023 in view of the order passed by this Hon’ble Tribunal by allowing OA No. 127 of 2022 and other OAs vide order dated 04.05.2023.

(C) Passing any other appropriate order.

2. The facts of the case as pleaded by the applicant in brief are as under:-

2.1 Vide notification dated 21.02.2014, Department Post i.e., respondent no.1 herein invited applications from eligible persons for filling up a large number of vacancies for the post of Postal Assistant (PA) , Sorting Assistant (SA) under direct recruitment examination for the year 2013-14 in respect to various Postal Department in 22 Circles in the country including the vacancies to be filled up in Gujarat Circle i.e., 36 post in Regional Offices, 127 posts in Rail Mail Service and 51 in other offices of Gujarat Circle.

2.2 In response to the said vacancy notification dated 21.02.2014 the applicant herein had applied for direct recruitment exam for the post of postal circle i.e., Gujarat Postal Circle.

2.3 To handle the entire process of conducting all the examination i.e., Aptitude Test and Computer/Typing Test prescribed for the direct recruitment to post of Postal Assistant/Sorting Assistant, from the stage of printing of application form till the preparation of merit list, the respondent had engaged M/s. CMC Limited (herein after referred as the CMC).

2.4 The examination was conducted by M/s. CMC Limited on behalf of the respondent no. 1. The said examination was comprised of two parts. The paper- 1 is Aptitude Test whereas the paper-2 is Computer/Typing Test. The candidates who had qualified in the Aptitude Test were allowed to take part in Computer/typing test in terms of 11.1 of the notification-2014.

2.5 Each candidate was allotted with a hall ticket having the photo affixed on it. Said M/s. CMC Limited had also used the help of examination supervisors in each and every examination hall and after thorough checking the candidates were allowed to sit for the examination. The examination/test held under the supervision of the Invigilator.

On both the occasions, during the Aptitude Test and Computer/Typing Test, the said M/s. CMC Limited had done Videography and had also installed the CCTV Camera to monitor and record the examination process.

2.6 The applicant was accordingly allowed to participate in the said examination process including the aptitude test and computer/typing test.

2.7 Thereafter, the applicant was selected for the post of Postal Assistant and was allotted to Nanpura HO, Surat Division vide letter dated 11.07.2018 (Annexure A/7 refer).

2.8 In the meantime, during the procedure of pre- appointment/appointment formalities including the process of verification of documents, the result of examination of Direct Recruitment of PA/SA for the year 2013-14 was cancelled by the office of Director General vide letter dated 11.12.2015 and accordingly informed the CPMGs of Chhattisgarh, Gujarat, Haryana, Rajasthan and Uttarakhand Circles about cancellation of Direct Recruitment examination, 2013-14 for the post of PA/SA.

2.9 In pursuance to the aforesaid letter dated 11.12.2015, the office of Chief Postmaster General, Khanpur, Ahmedabad, Gujarat Circle, vide letter dated 21.12.2015 had ordered :

(i) to cancel the PA/SA Direct Recruitment Exam 2013 & 2014 held for Gujarat circle vacanci