(1.) Heard Sri L.K. Dwivedi, learned Counsel for the Petitioner and Shri Pushpendra Singh, learned Counsel appearing on behalf of Respondent No. 1. Respondent Nos. 2, 3 and 4 shall be deemed sufficiently served as per affidavit of service and the copy of summons annexed therewith. Respondent No. 4 has filed counter-affidavit and represented by Shri S.T.M. Rizvi, Advbcate.
(2.) Petitioner appeared as an examine candidate in the examination conducted by U.P. Public Services Commission on filling up the post of Upper/Lower Division Assistant/Assistant Accountant. It is urged that he appeared in General Knowledge Paper held on 16th January, 1997. It is alleged that he objected to the Examination Officials/Invigilators in talking loudly in the hall and disturbing the Petitioner, which annoyed these official, Respondent No. 3, who managed to harm the petitioner by scoring certain position of his answer book, after examination was over, and thereafter charging attendance sheet to as to manage to declare the petitioner as absent in the Second Meeting. It is also alleged that the petitioner went to made complaint to the Commission. A Photostat copy of the Gate-pass shows that on 16th January, 1997 he had visited Commission at 2.30 p.m. It may be noted that Second Meeting had started at 2.00 p.m. on that day.
(3.) Commission was directed to produce original record and the same has been perused in the presence of the learned Counsels for the parties.