UNION OF INDIA Vs. ADARSH KUMAR

JUDGEMENT

(1.) Order dated 23.08.2018 passed in Original Application No. 200/00925/2015 by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (for short 'the Tribunal') has been challenged in the present writ application. By virtue of the said decision, the Tribunal has quashed the order dated 15.09.2015 passed by the Appellant authorities cancelling the previous examination for recruitment on the post of Postman/Mailguard for which examination was initially held on 01.03.2015 and even the result was declared on 29.07.2015.

(2.) Submission of learned Assistant Solicitor General representing Union of India, especially the Postal Department is that after the examination was held and the results declared, certain complaints were received from various sources including some of the candidates that the examination was not held in a free and fair manner. There was impersonation. There were even objections with regard to the answer key of the question paper. The issue was examined by the authorities and on a report forwarded by the divisional heads and as a final decision in the interest of fair play, the Appellant-Postal Department decided to hold re-examination by cancelling the previous result and the examination held on 01.03.2015.

(3.) The justification offered by the Postal Department as to the reasons given for cancellation of the previous examination was not supported by any evidence which could substantiate the plea taken as to the reason for such cancellation. Except for mere averments, nothing tangible was produced before the Tribunal as to what was being alleged or insinuated or complained of was an outcome of some kind of an enquiry held by the Postal Department which culminated into the findings which could in turn form the basis for cancellation of the examination and conduct of the re- examination.