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Reserved on 31.10.2025

CENTRAL ADMINISTRATIVE TRIBUNAL

ALLAHABAD BENCH, ALLAHABAD

This the 18^th day of December, 2025

Original Application No. 168 of 2016

Present:

Hon’ble Mr. Justice Rajiv Joshi, Member-(Judicial)

Hon’ble Mr. Anjani Nandan Sharan, Member- (Administrative)

Shyam Bihari Dwivedi son of Aditya Kumar Dwivedi Resident of

Village Singhpur, Post Sikandarpur, District Kannauj.

…..Applicant

By Adv: Shri N. P. Singh

V E R S U S

1. Union of India through General Secretary Manager North Central

Railway, Allahabad.

2. Divisional Railway Manager, North Central Railway, Allahabad.

3. The Chairman, North Central Railway Recruitment Cell, Nawab

Yusuf Road, Balmiki Chauraha, Civil Lines, Allahabad.

. . . Respondents

By Adv: Shri K. K. Ojha

O R D E R

Delivered by: Mr. Anjani Nandan Sharan, Member (A)

Heard Shri N. P. Singh, learned counsel for the applicant and Shri

K. K. Ojha, learned counsel for the respondents.

2. The instant Original Application, under section 19 of the

Administrative Tribunal Act, 1985, has been filed by the applicants,

seeking following reliefs:

“I. To set aside the order for cancellation of candidature of the applicant

for the post of the Group ’D’ in grade pay Rs. 1800/- against the

employment notice No. 01/2010 as well as memorandum/order dated

15.09.2014 (No. RRC/ALD/Recruitment/Panel/ENN1/2010) (Annexure

NO. 2 to this Original application in Compilation II).

Further be pleased to direct the respondent no.3 to consider the case of the

applicant and select/appoint the applicant on the post of erstwhile Group

’D’ notified under Emp. No. 01/2010.

SAHIL SHARMA

The respondent no.3 may also be directed to keep continue the

candidature of the applicant for the post in question until final

selection/appointment of the applicant.

II. any order of direction as this Hon’ble Tribunal may deem fit, just and

proper under the circumstances of the case.

iv. award cost of this application to the applicant. “

3. The facts, as stated by the applicant, are that the respondents

department issued an Advertisement bearing no. ENN 1/2010 for

the recruitment of Group „D‟ post, whereby the educational

qualification fixed for applying the said post was High School

passed. The applicant, being a General category candidate and

having requisite educational qualification, applied for the said

post advertised by the respondents.

3.1 After the acceptance of his form, the applicant was called for

the written examination on 06.05.2012 by issuing an attendance

slip in the name of the applicant bearing Roll No. 122104893. The

applicant appeared in the said examination and followed the

instructions of the invigilator during the exam. After being

declared successful in the written examination, the applicant was

again issued an attendance slip for appearing before the Railway

Recruitment Cell on 31.12.2012 for verification of his documents

and subsequently was called for physical efficiency test and was

declared medically fit vide medical certificate no. MED.C-

8/MED.-63 dated 01.01.2013.

3.2 While awaiting the final result, the applicant received a

memorandum dated 17.02.2014 stating therein that the applicant

has not adhered to the instructions and has performed mis use of

OMR at Sl. no. 71 by changing option „C‟ to „B‟ using fluid/eraser.

Further, the applicant was asked to show cause within 30 days of

issue of the said memorandum, as to why his candidature may not

be cancelled.

SAHIL SHARMA

3.3 The applicant submitted his reply to the said memorandum

on 05.03.2014 denying the allegations of using fluid/eraser in the

OMR sheet, which was followed by a reminder dated 27.05.2014 to

the respondents

3.4 The respondents issued cancellation order dated 15.09.2014

stating therein that the applicant had not adhered to the

instructions endorsed on the OMR, hence the candidature of the

applicant was cancelled. Thereafter, the applicant submitted a

representation dated 10.10.2014 requesting therein to recall the

impugned cancellation order, but the same is still pending before

the respondents.