1994 (7) TMI 356

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....lway authorities, it was found that unfair means were adopted by the candidates at Centre No. 115 (Katihar). The question for consideration before the Central Administrative Tribunal (Tribunal) was whether in such a situation the railway authorities could cancel the selection and empanelment of the candidates from Centre No. 1] 5 and direct them to sit in the written examination again? If so, could it be done without complying with the rules of natural justice? The Tribunal answered the questions in the negative and quashed the order of the railway authorities calling upon the candidates to sit in the written examination once over again. This appeal by way of special leave is against the judgment of the Tribunal. 3.The Railway Recruitment ....

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....e Director (Vigilance). The report was examined in detail at various levels in the Railway Ministry and finally a decision was taken that 35 candidates of Centre No. 115 be subjected to a fresh written examination. It was further decided that marks already obtained by them in the viva voce examination would be taken into account. It was further directed to complete the fresh examination within a period of one and a half months. The file shows that the decision was finally approved by the Minister-in- charge. 5.As mentioned above, the decision of the appellants directing the respondents to appear in a written examination once again was challenged by them before the Central Administrative Tribunal, Calcutta. The Tribunal by the impugned judg....

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....ral Manager (Vigilance) in para 4 of preliminary investigation dated 19-1-1989 addressed to Secretary (Vigilance) Railway Board has stated that S/Shri A.K. Pandey and A.K. Kamati named in the complaint appeared in the written examination from the Staff Room and both of them have secured the highest marks in the centre and both of them have given identical "wrong and correct" answers. The wrong answers cannot be identical unless the two candidates have copied from the same source. The main allegation in the complaint was that the paper was leaked beforehand and the answers were supplied to these two candidates who were the wards of the railway employees. It was further alleged in the complaint that these two candidates further sold....