$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1002/2025, CAV 44/2025, CM APPL. 4976/2025, CM APPL. 4977/2025 & CM APPL. 4978/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Himanshu Pathak, SPC with Mr. Amit Singh, Advs.

versus SUMIT .....Respondent Through: Mr. Ankur Chhibber, Mr. Ashish Pandey, Mr. Mukesh Kumar, Mr. Shashank Gusain and Mr. Srikant Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL)

% 20.02.2025 C. HARI SHANKAR, J.

1. The respondent participated in a selection for the post of Postal Assistant, consequent to a notification, on 11 August 2012, issued by the Chief Postmaster General, Haryana, Department of Posts.

2. An aptitude test was held on 7 July 2013 and a data entry and typing test was held on 1 September 2013, in both of which the respondent participated. The result of the selection was declared on W.P.(C) 1002/2025 Page 1 of 21 Signature Not Verified Digitally Signed By:AJIT

18 December 2013.

3. A list of provisionally selected candidates allotted to the Hissar Division against the available vacancies was released by the Department of Posts on 18 December 2013. The name of the respondent figured therein. The selection was, however, subject to verification of documents.

4. Consequent on completion of formalities, the respondent was appointed as Postal Assistant, Mandi Dabwali, LSG SO vide memo dated 11 February 2014.

5. It appears that, thereafter, consequent to certain directions issued by the Postal Directorate, a committee, under the Chairmanship of the Postmaster General, was constituted to examine the record of the selected candidates. As the Committee felt that the signatures of the respondent, on the answer sheet of the examination undertaken by him differed from the signatures on the OMR sheet, the matter was referred to the Central Forensic Science Laboratory¹, Shimla, for an opinion.

6. The CFSL, in its report dated 25 January 2017, opined that “the person who wrote the blue enclosed signatures stamped and marked A1 to A4 (Charge report dated 24.02.2014 (Annexure R-4), Specimen Signatures on Letter addressed to Civil Surgeon Hissar dated 28.01.2014 (Annexure R-5) & Attestation form (Annexure R-6)) did W.P.(C) 1002/2025 Page 2 of 21 Signature Not Verified Digitally Signed By:AJIT not write the enclosed signatures similarly stamped and marked Q2, Q3 and Q4 (OMR Answer Sheet (Annexure R-1), Typing test Answer sheet (Annexure R-2), Data Entry Answer sheet) (Annexure R-3).”

7. Predicated on the aforesaid CFSL report, the Department of Posts issued a chargesheet to the respondent under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, [“CCS(CCA) Rules” hereinafter], alleging that the respondent had been impersonated in the examination, as his signatures in OMR sheet and in the written tests did not match, proposing to initiate disciplinary proceedings against him for imposition of major penalty.

8. It is not in dispute that the chargesheet was accompanied by a list of 17 documents on which the Articles of Charge against the respondent were proposed to be sustained. The said list may be reproduced as under:

“List of documents by which the articles of charges against Sh.

Sumit PA Jhajjar MDG proposed to be sustained.

1. Notification for the post of PA/SA Direct Recruitment exam for the Year 2011-12 issued vide Chief Postmaster General Haryana Circle Ambala vide no. R & E/34-3/2012/Dated

11.08.2012.

2. OMR Application form No. 6522297 for the post of Postal Assistant in r/o Sh. Sumit.

3. OMR Answer Sheet No. 3437194 for Aptitude Test in r/o Sh. Sumit under Roll No. 1711619606.

4. Data Entry test Answer Sheet No. 42959 Dated 01.09.2012 in r/o Sh. Sumit under Roll No. 1711619606.

1 “CFSL” hereinafter W.P.(C) 1002/2025 Page 3 of 21

Signature Not Verified Digitally Signed By:AJIT

5. Typing test Answer Sheet no. 42928 dated 01.09.2013 in r/o Sh. Sumit under Roll No. 1711619606.

6. Directorate Letter no. A-34012/5/2011-DE(P