VIVEK KUMAR Vs. STAFF SELECTION COMMISSION & ORS

JUDGEMENT

(1.) Vide impugned order of 27th January, 2014 (Annexure P-14), petitioner has been debarred for a period of three years from taking the Staff Selection Examination and his candidature for the Combined Recruitment for Assistant Grade-III, in General, Depot, Technical and Accounts Cadres and Hindi Posts (AG-II) in Food Corporation of India Examination, 2012 has been cancelled.

(2.) It is the case of respondents that petitioner was found to be indulging in unfair means in the said Examination. Prior to impugned order, a Show-cause Notice of 10th June, 2013 (Annexure P-5) was served upon petitioner, which was responded to by petitioner vide Reply of 20th June, 2013 (Annexure P-6). To seek quashing of impugned order (Annexure P-7), learned counsel for petitioner relies upon this Court's Division Bench decision in Staff Selection Commissioner & Anr. v. Sudesh,2014 SCCOnLineDel 7534, which has been affirmed by Supreme Court vide its order of 19th July, 2017 in Civil Appeal No(s). 2836-2838/2017 titled Staff Selection Commission, Thr. its Chairman & Anr. v. Sudesh. The stand taken by contesting respondent-Staff Selection Commission in its counter-affidavit is as under:-

(3.) Learned counsel for petitioner submits that despite taking the aforesaid stand, respondents have not reconsidered petitioner's case in light of Supreme Court's decision in Sudesh although review sought by respondents has been also dismissed on 31st October, 2017.