CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH CIRCUIT BENCH, RANCHI O.A./051/00581/2018 Reserved on : 21.11.2024 Pronounced on : 17.12.2024 CORAM HON’LE SHRI KUMAR RAJESH CHANDRA, MEMBER (A)

HON’BLE SHRI RAJVEER SINGH VERMA, MEMBER (J)

Krishna Prasad, aged 52½ yrs. s/o Late Baijnath Prasad resident of H.No.509, Swaraj Bhawan, near St. Charles School, P.O.-NIFT, At-

Hesag, P.S.-Jagarnathpur, District – Ranchi.

……………Applicant (By Advocate: Shri Anis Khan)

Versus

1. Union of India through the General Manager, South Eastern Railway, Garden Reach, Kolkata-43.

2. The Chief Personnel Officer, South Eastern Railway, Garden Reach, Kolkata-43.

3. The Sr. Divisional Personnel Officer, South Eastern Railway, Hatia, Ranchi-834003.

4. The Sr. Divisional Electrical Engineer (OP), Ranchi Division, South Eastern Railway, Hatia, Ranchi-834003.

5. Bharat Singh, Chief Loco Inspector (Diesel), South Eastern Railway, Posted at Muri Crew Lobby, Muri Loco Booking Office, P.O.-Chota Muri-816116, District-Ranchi.

……………Respondents (By Advocate: Shri Rajendra Krishna, ld. Sr. Standing Counsel Shri Amit Sinha, ld. ASC)

O R D E R PER :RAJVEER SINGH VERMA, MEMBER [JUDICIAL]

1. Applicant has filed present OA under section 19 of the Administrative Tribunals Act, 1985 sseeeekkiinngg ffoolllloowwiinngg rreelliieeffss::-

“(i) To quash the order dated 18.08.2017 (Annexure – A/10)

issued by respondent no.3.

(ii) To quash the order of selection dated 17.10.2016 (Annexure – A/2) wherein the private respondent no.5 has been selected.

(iii) To direct the respondents to re-evaluate the answer sheet of the applicant & award the correct marks in the educational qualification of the applicant along with ACR/APAR etc. & publish the final result of the applicant thereafter issue fresh order of postings with all consequential benefits.

(iv) Any other order/s direction/s as Your Lordships may deem fit & proper in the interest of justice.”

2. Brief facts of the case of applicant is that applicant was initially appointed on 18.11.1994 as Assistant Driver (ALP), promoted to the post of Loco Pilot Goods on 12.03.2005 & Loco Pilot (Mail & Express) on 20.11.2013. Vide R.B.E. Notification No.113/2009 dated 27.11.2013 applications were invited from the eligible running staff of Ranchi Division for total number of two vacancies in Diesel Traction for selection to the post of Chief Loco Inspector in Diesel Traction wing in pay band ₹9300-34800+4600GP. Having all the requisite qualifications, applicant applied for the said post. Written test held on 15.06.2016 and after scrutiny of the records the selection committee declared private respondent No.5 as successful candidate vide memorandum dated 17.10.2016 which was approved by the competent authority on 13.10.2016.

3. It is pleaded in OA that respondent No.5 was facing the punishment vide order dated 26.11.2014 and even then he was selected for the post with bad APAR & the same is in contravention to the condition laid down in the Annexure -1. Being aggrieved with the mode of selection process applicant invoked right to information Act on 06.02.2017 and asked to furnish question paper of departmental examination & copy of the answer sheet of the respondent No.5. In reply to this vide letter dated 12.01.2017 answer sheet of the applicant has been forwarded to the applicant by the respondents but declined to furnish the answer sheet of private respondent No.5 vide letter dated

14.02.2017. Vide application dated 06.03.2017, applicant again asked the Public Information Officer to provide him the model answer as well as evaluation sheet of the departmental examination however, vide reply dated 22.03.2017 respondents replied that “Model Answer is not available in the office since Model Answer was not prepared for the said selection” and the copy of evaluation sheet was furnished in one page.

4. It is further pleaded that applicant found answer of Q.No.3(i), 1(g), 2(d) of Part-A and 10(c) of Part-B have been declared as wrong while the same were right. In question