UNION OF INDIA Vs. ARVIND KUMAR

JUDGEMENT

(1.) HEARD Mrs. Anita Sinha, learned counsel for the appellant, and Mr. Rajendra Prasad Singh, learned senior counsel for the contesting respondent no. 1.

(2.) THIS writ application is directed against the order passed by the Central Administrative Tribunal, Patna Bench, Patna (hereinafter to be referred to as "CAT ') passed in O.A. No. 944 of 2002 dated 25.1.2005 allowing the prayer of the applicant respondent no. 1.

(3.) MRS . Anita Sinha, learned counsel for the petitioner, submitted that the authorities having been satisfied that respondent no. 1 and seven other candidates since had indulged in use of unfair means, cancelled their candidatures and debarred them for three years after giving them sufficient opportunities to explain their conduct. Mrs. Sinha, learned counsel for the petitioner, submitted that the authorities on full consideration of the materials brought before them and after perusal of the answer -sheets of respondent no. 1 and other seven candidates came to the conclusion that the answer -sheets were tallying with each other giving them reasonable apprehension that unfair means was used at a time at a centre at Patna and, in that view of the matter, learned CAT was wholly unjustified in allowing the prayer of respondent no. 1.