SANJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner for quashing the order dated 27.02.2018 passed by the Central Administrative Tribunal, Patna Bench, Patna (for short 'The Tribunal') in Original Application No. 050/000687/2017 whereby the prayer of the petitioner for quashing the order dated 18.10.2017 passed by the Respondent no. 5 whereby the written examination held on 20.09.2017 for promotion to the post of Junior Engineer (Electrical), Level-6 under 25% Limited Departmental Competitive Examination quota was cancelled, has been dismissed. The petitioner has also prayed for directing the respondents to publish final result of the written examination held on 20.09.2017 for promotion to the post of Junior Engineer under 25% quota.

(2.) The brief facts of the case are that:

(3.) Mr. M.P. Dixit, learned counsel appearing for the petitioner challenging the impugned order dated 27.02.2018 submitted that the Tribunal has not applied its judicial mind while passing the impugned order towards the facts and the legal position referred by the petitioner. He submitted that Rule 219 (k) of the Indian Railway Establishment Manual, Vol. 1, 1989 (for short 'IREM 1989') empowers the General Manager being the Competent Authority to cancel examination but, not the Senior Divisional Personnel Officer, who has cancelled the examination in the present case. He contended that the Tribunal ought to have appreciated the fact that the cancellation of the examination was made by the respondents only in order to accommodate some candidates of their choice.