LAWS(CHH)-2019-7-166

SAURABH KUMAR Vs. UNION OF INDIA

Decided On July 31, 2019
SAURABH KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Interference is declined by a learned Central Administrative Tribunal, Jabalpur Bench Circuit Sitting Bilaspur (for short, 'Tribunal') with regard to the challenge raised against the show cause notice issued to the Petitioner proposing a reversion to the post of Junior Clerk-cum-Typist, is put a challenge in this writ petition.

(2.) The sequence of events is as follows. The Petitioner was appointed as a typist in the Establishment of Railways way back on 30.05.2018. While so, a notification was issued by the Railways for promotion the post of Junior Clerk- cum-Typist and by virtue of the credentials of the Petitioner, he also made an application for promotion in that segment. At the same time, the private Respondent herein, by name Ms. Sushmita Das, who was also qualified, had made an application for selection and appointment by promotion to the post of Junior Clerk-cum-Typist. After completing the selection formalities, the 'select list' was published, whereby the Petitioner came to be ranked in front of the private Respondent, and accordingly, he was appointed as Junior Clerk-cum- Typist in the vacancy that was available.

(3.) The Railways proceeded with further steps in connection with the selection and appointment by promotion to similar posts and a subsequent recruitment notification was issued; pursuant to which, the private Respondent made an application. At the same, she had also made an application for revaluation of the answer papers in connection with the previous exercise. The Railways considered the said application and the answers papers were revalued; upon which it was revealed that the private Respondent Ms. Sushmita Das had scored more marks, which unfortunately was not reflected correctly in the earlier round. In the said circumstances, by virtue of the higher marks secured by a private Respondent, she was to be given appointment to the post of Junior Clerk-cum-Typist in the earlier selection exercise and this made the Railway authorities to issue a show cause notice to the Petitioner, proposing reversion.