UNION OF INDIA Vs. ANAND KUMAR PANDEY

JUDGEMENT

(1.) SPECIAL leave granted.

(2.) THE Railway Recruitment Board, Patna held written examination followed by viva voce test for selection and recruitment to various posts of non-technical popular categories in the Eastern Railway. A panel of selected candidates was prepared and published. Meanwhile in an investigation, conducted on a complaint received by the railway authorities, it was found that unfair means were adopted by the candidates at centre No. 115 (Katihar). THE question for consideration before the Central Administrative Tribunal (Tribunal) was whether in such a situation the railway authorities could cancel the selection and empanelment of the candidates from centre No. 115 and direct them to sit in the written examination again? If so could it be done without complying with the rules of natural justice? THE Tribunal answered the question in the negative and quashed the order of the railway authorities calling upon the candidates to sit in the written examination once over again. This appeal by way of special leave is against the judgment of the Tribunal.

(3.) AS mentioned above, the decision of the appellants directing the respondents to appear in a written examination once again was challenged by them before the Central Administrative Tribunal, Calcutta. The Tribunal by the impugned judgment dated 20/12/1991 set aside the order of the appellants and directed the appellants to make the appointments on the basis of the panel which was published on 23/09/1988. While issuing notice in the special leave petition this Court stayed the operation of the impugned judgment of the Tribunal.