MANISH KUMAR PASWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed for setting aside the order dated 04.04.2016 issued by the Deputy Director (nomination) of the Respondent No.3 whereby and where under the candidature of the petitioner has been cancelled and he has been debarred from appearing in any examination held by the Staff Selection Commission for three years. It has been further prayed to direct the respondents to accept his joining and quash the letter dated 11.04.2017 whereby and where under the offer of appointment of the petitioner has been cancelled.

(2.) The short facts of the case are that the Staff Selection Commission published an advertisement for recruitment to the post of constable (GD) in Central Armed Police Force (CAPF) and Rifleman (GD) in Assam Rifles in the year 2013 where under there were three tier examination consisting of physical standard test/ physical efficiency test and written examination followed by Medical examination. The petitioner had applied for the said examination and on the basis of his performance in the examination, he was declared qualified to the post of constable (GD) on provisional basis. Thereafter, the petitioner had cleared the physical test and he was issued an Admit Card for written test, which was also passed/ qualified by the petitioner herein, hence he was called for medical test wherein also he was found fit and, accordingly, provisional selection was made and the petitioner was offered appointment on the post of constable (GD) in C.R.P.F. vide letter dated 27.02.2017 and he was directed to join duties on 21.3.2017. It is the case of the petitioner that when he reported for his joining on 21.3.2017 before the respondent no.4, instead of accepting his joining, the respondent no.4 handed over an order dated 4.4.2016 to the petitioner herein wherein it was mentioned that upon an enquiry it has been found that the signature and left thumb impression (LTI) of the petitioner herein differs at different stages, hence his candidature has been cancelled and he has been debarred from participating in Staff Selection Examination for three years.

(3.) The learned counsel for the petitioner has submitted that the impugned order dated 04.04.2016 was neither sent to the petitioner nor any enquiry report has been made available to the petitioner herein. It has been further submitted that the entire proceeding has taken place at the back of the petitioner herein and without giving any show cause notice and complying with the principles of natural justice, the candidature of the petitioner has been cancelled.