LAWS(UTN)-2016-9-68

UNION OF INDIA AND OTHERS Vs. ASHISH KUMAR AND OTHERS; SUDHIR SINGH AND OTHERS; HARI NANDAN SINGH AND OTHERS; GEETIKA CHALAL AND ANOTHER; SWATI PADIYAR @ SWATI SHARMA; MOSHAM AND OTHERS; BABLOO AND ANOTHER

Decided On September 20, 2016
UNION OF INDIA AND OTHERS Appellant
V/S
Ashish Kumar And Others; Sudhir Singh And Others; Hari Nandan Singh And Others; Geetika Chalal And Another; Swati Padiyar @ Swati Sharma; Mosham And Others; Babloo And Another Respondents

JUDGEMENT

(1.) Since common questions of law are involved in this bunch of writ petitions, we dispose of the same by this common judgment.

(2.) The writ petitioners call in question the orders passed by the Central Administrative Tribunal, Circuit Bench, Nainital allowing a bunch of Original Applications filed by the party respondents seeking to quash the order by which the result of the examination for direct recruitment of Postal Assistant/Sorting Assistant for the year 2013- 2014, in which the applicants/party respondents were declared successful, was cancelled. In the Original Applications, further order was sought to issue appointment letters and give joining to the applicants on their respective posts.

(3.) It appears that M/s CMC Ltd. (which is impleaded in these writ petitions as a proforma party and which was not a party before the Tribunal and to which we are not issuing notice having regard to the course we have adopted) was engaged by the petitioners for the purpose of conducting recruitment to various posts. It appears that there were complaints received in regard to the recruitment. We are concerned in this bunch of cases with the Uttarakhand Circle. We say so because recruitment was spread over a number of Circles. On the basis of the complaints received, it appears that the matter was enquired by the Vigilance Team of the Postal Directorate. It is the case of the petitioners that there have been reasons to suspect serious malpractice on the part of some of the candidates and the officials of M/s CMC Ltd. It appears originally that these orders were issued holding in abeyance the further appointment in respect of all the Circles (22 Postal Circles), where the examination was conducted through the same outsourcing agency, namely, M/s. CMC Ltd. We are concerned with the Uttarakhand Circle only. The results were declared and in fact, some of the candidates were also appointed in the Uttarakhand Circle.