CENTRAL ADMINISTRATIVE TRIBUNAL
Rajiv Joshi, Member (Judicial), Manju Pandey, Member (Administrative)
Paramanand Chaurasia – Appellant
Versus
Union of India – Respondent
O.A. No.330/534 of 2020
| Table of Content |
|---|
| 1. procedural background leading to the cancellation of candidate's application. (Para 1 , 2 , 3 , 4 , 5) |
| 2. counter-arguments regarding technical glitches vs established recruitment procedures. (Para 6 , 7) |
| 3. judicial validation of disciplinary action based on handwriting forensic evidence. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
O R D E R
By Justice Rajiv Joshi, Member (Judicial):-
1. Heard Mr. Parth Pandey, holding brief of Shri Namit Srivastava, learned counsel for the applicant and Shri Arun Kumar Gupta, learned counsel for the respondents at the time of hearing.
2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed by the applicant for the following reliefs:
(i) Issue an order or direction in the nature of quashing the impugned order dated 18.05.2020 passed by the Member Secretary, Railway Recruitment Board, Allahabad, which is contained in Annexure-1 to this Original Application.
(ii) Issue an order direction in the nature of mandamus commanding and directing the respondent-2 to issue appointment letter in pursuance of the Advertisement dated 03.02.2018 and to sent the applicant for medical examination as per the aforesaid advertisement.
(iii) to issue any suitable writ order or direction which this Hon’ble Tribunal may deem fit and proper under the present facts and circumstances of the case.
(iv) Award cost of the petition to the applicant.
3. The brief facts as apparent from the Original Application is that the respondent-2 invited application from eligible candidates for recruitment of Assistant Loco Pilot (ALP) and Technician Category posts vide advertisement No.CEN No.01/2018 dated 03.02.2018. Pursuant thereto, the applicant being eligible applied for as well as appeared in stage-I examination of computer based test (hereinafter referred CBT), which was held on 21.08.2018. In the aforesaid CBT exam, applicant has to submit a declaration, which has to be copied in his own handwriting to be written in the lower portion of CBT-1 admit card. Therefore, the applicant in his own handwriting had written the declaration and submitted the same before the Invigilator. Thereafter, result was declared and applicant was declared successful and was also called for 2nd CBT examination.
3.1 The applicant appeared in the 2nd stage of CBT examination and was also to submit a declaration in his own handwriting, which was to be displayed on the computer screen before the examination. Before the said examination, the applicant has to go through the Biometric of his finger and after that he got a system number 89 and was instructed by the Authority to go to the seat and verify his photo appearing on the screen. Subsequently, he was declared successful in 2nd stage of CBT exam and also called for Psycho Testqua Computer Based Aptitude Test, which was held on 10.05.2019, in which the applicant was declared successful. Thereafter, e-call letter was issued for document verifications on 22.08.2019 at SIET, Prayagraj. The applicant appeared for document verifications and at the time of document verification, the applicant was directed to again write the declaration as submittd by the applicant on 21.01.2019 at the CBT-2 Exam, before the Officer concerned for document verification, then the applicant told the authorities that he could only write the word “I a‟ and stated that the rest part of the declaration has been submitted by some other persons as due to the technical problem the display on the screen from where the declaration was to be copied had disappeared from the screen and thereafter, objection examination was started on the same computer screen.
3.2 The applicant, on having the knowledge of the aforesaid illegality informed the authorities immediately vide representation dated 23.08.2019, but no receiving was given to the applicant and as such, the applicant sent the aforesaid representation through registered post dated 26.08.
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