UNION OF INDIA Vs. RAM SURAT

JUDGEMENT

(1.) We have heard Shri Amit Sinha appearing for the Union of India. Shri Kailash Nath Yadav appears for Shri Ram Surat-Respondent No. 1.

(2.) The Union of India and the postal authorities are aggrieved by the judgment of the Central Administrative Tribunal, Allahabad dated 3.1.2006 in Original Application No. 896 of 2000, Ram Surat v. Union of India and Ors., in which a direction was given to the Petitioners to appoint the applicant-Respondent No. 1 as Extra Departmental Agent in Bisunpur, district Jaunpur and to accommodate Shri Rama Kant-Respondent No. 4 in any other post. The offer of appointment of the applicant was to be given within two months. The Petitioners did not challenge the judgment. Shri Rama Kant challenged the judgment in Writ Petition No. 10605 of 2006, which was dismissed on 11.8.2008 on the ground that Shri Rama Kant-the Petitioner had taken employment elsewhere and that the prayers made in the writ petition had become infructuous. The interim order dated 22.2.2006 was discharged.

(3.) Shri Ram Surat thereafter filed a contempt petition in which a defence was taken by the Petitioners, that his mark sheet of Class-VIII sent subsequently for verification was found forged. The Tribunal has, in paragraph-5 of its order dated 17.1.2011, recorded an opinion, that there is only an error in the mark sheet. The applicant secured 471 marks out of 650, and hence percentage comes to 62.8%. The objections taken by the Respondents in the Tribunal that 471 marks have to be calculated out of 750 and not out of 650, could be a mistake. The marks have to be calculated out of the total 650 as given in the mark sheet. The Principal of the School has not alleged that applicant was responsible for showing 650 marks in the marks sheet.