STAFF SELECTION COMMISSION Vs. SUDESH

JUDGEMENT

(1.) THE petitioner Staff Selection Commission (SSC) has preferred the present writ petition under Article 226 of the Constitution of India to assail the common order dated 30.07.2014 passed by the Central Administrative Tribunal (CAT/ Tribunal) , inter alia, in O.A. No.930/2014 titled "Sudesh Vs. Staff Selection Commission & Others". By the impugned order, the Tribunal allowed the aforesaid Original Application preferred by the applicant Sudesh and quashed the second show -cause notice dated 28.01.2014 issued by the petitioner to the respondent applicant. The Tribunal directed the petitioner to declare the result of the respondent applicant and other applicants and to allocate them the service for which they are found eligible on the basis of pure merit.

(2.) THE brief background facts are that the applicant appeared in the Combined Graduate Level Examination - 2012 (CGLE -2012) conducted by the SSC for selection to certain posts. The applicant appeared and qualified in the Tier -I examination on merits, and thereafter appeared in the Tier -II examination, in which he qualified. Thereafter, the applicant was subjected to interview, and finally declared selected. The result of the applicant was, however, withheld as notified on the website of SSC.

(3.) THE applicant was served with another show -cause notice dated 28.01.2014, again alleging that he had resorted to malpractice/ unfair means in the said Tier -II examination. The applicant was required to explain why his candidature be not cancelled and he not be debarred from examinations conducted by the SSC for the next five years. The applicant gave his reply, denying the charge against him. He also preferred the aforesaid Original Application. As noticed above, several other candidates, similarly situated, who were issued simultaneous show -cause notices, also preferred their respective Original Applications on similar grounds.