The integrity of recruitment processes must be maintained under constitutional provisions, and adequate opportunities must be granted for candidates to contest any allegations before adverse actions are taken.

ORDER

PER: HON’BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER

1. The issues raised and the relief claimed in the two OAs are exactly similar in nature and, hence, they have been taken up together for consideration and passing a common order.

2. The relief sought by the applicant, Shri Pankaj Kumar Mandal, in OA.No.405 of 2016, is as follows:

“....to quash and set-aside the impugned R2 letter No.SCR/P- HQ/111/RRC/Group D/2013 dated 04.09.2015 and Lt.No.SCR/P- HQ/111/RRC/Group D/2003 dated 10.11.2015, as it is illegal, arbitrary and against Art 14, 16 and 21 of the Constitution and direct the respondents to consider the applicant candidature as per his overall merit rank for the posts of Trackman/Helper-II/Assistant points Man vide employment notification No.RRC/SCR/Group- D/1/2013 and pass such other order/orders as deemed fit and proper in the interest of principles of natural justice.”

3. The relief sought by the applicant, Shri Rohit Kumar, in OA.No.406 of 2016, is as follows:

“....to quash and set-aside the impugned R2 letter No.SCR/P- HQ/111/RRC/Group D/2013 dated 20.08.2015 and Lt.No.SCR/P- HQ/111/RRC/Group D/2003 dated 10.11.2015, as it is illegal, arbitrary and against Art 14, 16 and 21 of the Constitution and direct the respondents to consider the applicant candidature as per his overall merit rank for the posts of Trackman/Helper-II/Assistant points Man vide employment notification No.RRC/SCR/Group- D/1/2013 and pass such other order/orders as deemed fit and proper in the interest of principles of natural justice.”

4. The brief facts of the case, in OA.405/2016, are as follows:

i. It is submitted that the applicant had applied for the posts of Group ‘D’ (Erstwhile) Trackman Helper-II Assistant Pointsman in the South Central Railway, Secunderabad, advertised vide Employment Notice No.RRC/SCR/Group-D/1/2013, dt.30.08.2013, in the Pay Band-1 of Rs.5200-20200 with grade pay of Rs.1800/-, under Open Market Recruitment. The applicant, having the necessary qualification, i.e., 10^th class pass, applied for the posts reserved under OBC vacancies. He submitted the duly filled-in application form, dated 26.09.2013, in accordance with the procedure, as laid down in the said notification.

ii. Respondent No.3, i.e., the Assistant Personnel Officer/Recruitment/RRC issued a hall ticket to the applicant, with Roll No.91420887, for the posts in Group ‘D’, for the written examination held on 30.11.2014.

iii. After successfully clearing the written examination, he was asked to appear for the Physical Efficiency Test(PET) on 27.06.2015, at the RRC Ground, beside Railnilayam, Secunderabad, and a separate Hall Ticket was issued to the applicant with the Roll No.91420887. The applicant successfully passed the PET and was called for verification of Documents on 01.09.2015, at Tirupati, through a separate hall ticket.

iv. The applicant appeared on 01.09.2015, along with all his documents for verification. Respondent No.2, i.e., the Chairman/RRC, Secunderabad, in his letter No.SCR/P-HQ/111/RRC/Group D/2013, dated 04.09.2015, informed the applicant that a doubt had arisen about the genuineness of the candidate who had attended the written examination on 30.11.2014 and that the fingerprints obtained on the application form as well as those taken on the date of document verification, did not match those taken in the written examination, as per the expert opinion. Thus, it was alleged that the applicant tried to get the job by fraud and that it was a case of impersonation. Before they could take a final decision, an opportunity was provided to the applicant to explain his stand on the proposed debarment of the applicant from appearing in the RRB/RRC