ABINASH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition as filed under Article 226/ 227 of the Constitution of India the order dtd. 9/12/2025 as passed by the Central Administrative Tribunal, Kolkata Bench, Kolkata ('Tribunal' in short) in OA no. 350/1139/2024 is assailed. By the impugned order the said Tribunal while disposing the said OA declined to interfere with the communication vide Memo no. RRB/ MLDT/ Court Case/OA 442 of 2017/Abinash Kumar dtd. 19/7/2024 whereby and whereunder the respondent no. 4 authority reaffirmed the decision taken by the respondent authorities regarding the candidature of the writ petitioner for the post of Technician Gr. III/Fitter(C&W), Cat No. 65 of CEN No. 01/2014 and debarring him from all RRB examinations for lifetime because of impersonation vide earlier communication dtd. 8/2/2017 remained same. The writ petitioner/original applicant felt aggrieved and thus approached before us by filing the instant writ petition.

(2.) For effective adjudication of the instant writ petition the facts leading to filing of the instant lis are required to be dealt with in a nutshell. Pursuant to an advertisement dtd. 18/1/2014 the writ petitioner made an application in the prescribed format for the post of Technician Gr. III/ Fitter (C&W) to the Railway Recruitment Board, Malda ('RRB' in short) and after obtaining admit card from the said RRB the writ petitioner appeared in the written examination on 13/7/2014 where he was found to be successful. On 29/12/2015 the writ petitioner was called for verification of the original certificates and other documents and in course of such process, it has been noticed by the respondent no. 4 authority that there are differences in handwriting characteristics available in the application form of the writ petitioner/ original applicant and document verification sheets with that of OMR answer sheet, attendance sheet and call letter for written examination.

(3.) Since a doubt arose in the mind of the respondent no. 4 authority, the entire matter was sent to Government Examiner for Questioned Document, Ministry of Home affairs (GEQD) and the said authority in its report confirmed that the person who wrote the writings and signatures on the application form and document verification sheets did not rightly the writings and signatures on the OMR answer sheet, call letter and attendance sheet of the written examination.