MANOJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by the petitioner praying inter alia for quashing and setting aside the show cause notice dated 10.06.2013 issued by the Regional Director (NR) of the respondent No.2/Staff Selection Commission (in short 'SSC'), whereunder he was informed that on failure to show cause, his candidature in the Combined Recruitment for Assistant Grade III in General, Depot, Technical and Accounts Cadre and Hindi Posts (AG-II) in the Examination, 2012 held for respondent No.3/FCI , would be cancelled and he would be debarred for a period of five years from the Commission's examinations.

(2.) Briefly stated, the facts of the case are that on 29.10.2011, a Combined Recruitment for Assistant Grade-III in the General Depot, Technical and Accounts Cadres and Hindi Posts (AG-II) in the Examination, 2012 to be held for the respondent No.3/FCI, was notified by the respondents No.1 and 2/SSC in the Employment News. As per the petitioner, he possessed the educational qualifications stipulated in the advertisement and had submitted an application for participating in the examination. Learned counsel for the petitioner had stated that the examination was to be held in three parts, the first stage was of the written examination, then the successful candidates were to participate in the Computer Proficiency Test (CPT) and finally, the shortlisted candidates were to appear for the personal interview.

(3.) It is the case of the petitioner that he had qualified in the written examination and was provisionally called by the respondents No.1 and 2/SSC to appear in the CPT that was scheduled for 27.06.2012. The petitioner had duly participated in the said test and was awaiting the results. However, on 10.06.2013, the respondents No.1 and 2 issued a notice to show cause to the petitioner stating inter alia that experts had been engaged to scrutinize and analyze the performance of the candidates in the objective type multiple choice question papers and in the course of the said analysis undertaken in respect of the written examination papers in Paper-II/Paper III, "incontrovertible and reliable evidence" had emerged to the effect that he had resorted to unfair means by indulging in copying, in association with some other candidates who also sat for the examination. The petitioner was called upon to reply to the show cause notice within ten days explaining inter alia as to why his candidature should not be cancelled and why should he not be debarred for five years from appearing in the examinations conducted by the Commission on account of having indulged in unfair means in the aforesaid examination.