TaxTMI 
TaxTMI 
2013 (2) TMI 936
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....nai, which was one of the centers for the written examination on 17.2.1990 and 18.2.1990 held for recruitment of Assistant Surgeons. 3. In the examination held on 17.2.1990, six candidates sitting in Hall No. 76 were given the question papers of the afternoon examination in the morning examination. As soon as the Chief Invigilator Shri Syed Abdul Kareem came to know about this, he took back the question papers of the afternoon examination and issued the question papers meant for morning examination. This incident was reported in the newspapers. The Commission took serious view of the matter and got registered a First Information Report. Simultaneously, the Controller of Examinations recorded the statement of the Chief Invigilator on 20.2.1990 and 22.2.1990. The same is reproduced below: STATEMENT OF SYED ABDUL KAREEM GIVEN TO THE COTROLLER. The following fact are submitted. I was posted as chief Invigilator to conduct examination in Bharathi Arts College for women, North Madras on 17.2.90 FN and AN and on 18.2.90 FN. I collected the question papers in two bundles one for FN Session and another for AN session at 8.00 A.M. from the TNPSC office ....
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....he candidates were seated in a small rook till the after session when Tiffin or coffee offered to them, they refused to get. The AN session question papers received back from the candidates six in No. were kept in my pocket first and then kept in my bag after 2 p.m. Before me Sd/- Controller of Examinations Sd/- Syed Abdul Kareem. 20.2.90. In continuation of my statement dated 20.2.90 given to the Controller of Examinations it is further stated that I missed to mention the following facts there in it, at about 12.30 p.m. Thiru Gurumoorthy, a Member of TNPSC visited the examination centre and met me and enquired about the conduct of the examination. Though I was prepared to inform the Member about the receipt of Mingling of question papers, again Mr. Mahalingam stopped me and requested not to tell. After about some time the Member left the centre. At about 3.00 P.M. one of the Under Secretaries of the TNPSC office visited the Examination Centre and took a written statement from me. Again I did not inform him the fact of the mingle of the question papers in the morning session at the insistence of the same person....
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....ector, Chennai as such it is not possible for us to do anything and asked me to get the amount by sending a man with me. I got the cheque and came to him and asked a list of persons who are going to assist me. At this time TNPSC gave 19 persons to assist me. But certain persons informed me over phone at G.H. that it is not possible for them to assist me. Again I went to the TNPSC Office on 16.2.90 and informed the position to the concerned Superintendent at about 2 noon. He told me that they had posted 5 persons to assist me from their section. Kindly conduct the examination with them and asked his Assistant by name Saveriyar to give me the names of 5 persons in writing. He gave me a list in his hand writing as (1) Udhayakumar; 2) Sekaran; 3) Mahalingam; 4) Aasir and the name of another person not known but know the person. On 16.2.90 Mahalingam came to my office at G.H. at 12.00 hours and told me that he is on leave and studying for Group I examination but he will come and assist me. Mahalingam is known to me from the year 1985-86 onwards. On the next day that is on 17.2.90 I went to TNPSC office at 8.00 AM and got two bundles containing question papers by affixing seal on the clo....
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....d from the students. It was written in the face slip of the forenoon bundle as 410 question papers. On counting it is found 412 question papers, I gave 339 persons from it and out of the remaining 75, 64 question papers for forenoon and 9 for the afternoon. I kept the said question papers in a cover. At about 12 Noon one member of TNPSC Mr. Gurumurthi came there. He asked me whether any problem. I asked Mahalingam whether we will inform to him. But Mahalingam told me that it is not necessary to say this now as we have not given any report in the morning itself as such if we say it now it will became a mistake. Hence I have not informed it to him. He saw the afternoon bundle with the seal and he did not verify the forenoon question paper bundle and left away. All the invigilators made a complaint to Gurumurthi that the amount paid to them is not sufficient. He gave a reply that we had already informed about it to the Government. Then at 2.00 PM Mr. Nithyanandam, Under Secretary of TNPSC office came there. He also made enquiry about the examination. He got a statement from me. I gave a report as nothing special. At that time at about 1.50 Noon, I have opened the afternoon bundle in t....
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....of the Tamil Nadu Civil Services (Classification, Control and Appeal) Rules (for short, 'the Rules') on the following charges: 1. That, Thiru R. Mahalingam, Assistant had gone to the examination hall unauthorisedly on the pretext of assisting the Chief Invigilator while he was on Unearned Leave on Private Affairs. 2. That, he had gone to the examination hall and take up the official work and acted as Invigilator while he was on leave. 3. That, he had prevented the Chief Invigilator from sending a report to the Controller of Examinations about the distribution of afternoon question paper in the forenoon and the resultant leakage of question paper. 6. In his reply, the Appellant pointed out that his name did not figure in the first information report got registered with the police and the remand report and that the real culprits had already been apprehended. The Appellant also claimed that he was not connected with the leakage of question papers. 7. The copies of two statements made by the Chief Invigilator were not supplied to the Appellant and he was asked to make a statement by the Enquiry Officer. In his statement dated 12.10.1990, the App....
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.... Ans: I used to visit University Library during my leave period - I have also happened to visit to office to see whether any letter was received to my name. Que: At the examination hall what kind of work was allotted to you by the chief Invigilator? And: I have been instructed to do the distribution of main and additional answer books and collection of answer books from each hall except question papers. Que: Have you been allotted to the work of distribution of question paper to each hall? Ans: No. Que: What do you say about charge 3 framed against you? Ans: I have nothing to say about the charge No. 3 since the office in its Memorandum dated 11.10.90 has stated to the effect that enquiry by the Police in connection with the leakage of question papers (Assistant Surgeon recruitment) is going on separately whereas departmental action has been taken against him mainly for his having unauthorisedly acted as Invigilator while he was on leave. Que: Do you want personal hearing besides oral enquiry? Ans: No: Que: Whether you want to say anything more about the charges? Ans: Yes. Three charges wer....
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.... and prayed that he may be allowed to submit further written statement of defence either after filing of chargesheet by the police or receipt of the detailed police report. He submitted another representation on 4.2.1991 to the Deputy Secretary (Admn.) of the Commission. The same reads as under: To: The Deputy Secretary (Admn.) TNPSC, Madras-600002 Madras-600002 Dated 4th Feb, 1991. Sir, Sub: Establishment -TNPSC - R. Mahalingam, Assistant-Disciplinary Action. Ref: This office Memorandum No. 2316/D5/90, dated 11.1.1991. Kindly refer to the report of the enquiry officer which appears to have been made out entirely relying upon the report (Dated 22nd February 1990) of the Chief Invigilator, miserably-superseding the factual evidences deposed by me at the oral enquiry. While the Chief Invigilator was apparently, not at all interrogated in regard to the correctness of his statement, the credibility of his report is doubtful. As such, the report of the Enquiry officer which is entirely based upon it, is seemingly questionable and appears arbitrary too. However, to enable me to defend the charges a copy of the ....
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....h expressed concurrence with the learned Single Judge that the enquiry was held against the Appellant in consonance with the rules of natural justice and the findings recorded by the Enquiry Officer were based on proper analysis of the records produced during the enquiry. 12. We have heard learned Counsel for the parties. The scope of judicial review in matters involving challenge to the disciplinary action taken by the employer is very limited. The Courts are primarily concerned with the question whether the enquiry has been held by the competent authority in accordance with the prescribed procedure and whether the rules of natural justice have been followed. The Court can also consider whether there was some tangible evidence for proving the charge against the delinquent and such evidence reasonably supports the conclusions recorded by the competent authority. If the Court comes to the conclusion that the enquiry was held in consonance with the prescribed procedure and the rules of natural justice and the conclusion recorded by the disciplinary authority is supported by some tangible evidence, then there is no scope for interference with the discretion exercised by the discipl....
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....r not the person charged desired or had an oral inquiry, he shall be heard in person at any stage if he so desires before passing of final orders. A report of the inquiry or personal hearing (as the case may be) shall be prepared by the authority holding the inquiry or personal hearing whether or not such authority is competent to impose the penalty. Such report shall contain a sufficient record of the evidence, if any, and a statement of the findings and the grounds thereof. Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercises such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor or partly recorded by its predecessor and partly recorded by itself: Provided that if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, it may recall examine, cross-examine and re-examine any such witnesses as hereinb....
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.... five substitute Invigilators including R. Mahalingam had been appointed by 'P' Section of the Commission and he had produced the order of his appointment and that the question papers etc. had been brought by him i.e. the Chief Invigilator from the office of the Commission and opened seals in the presence of two other invigilators. The High Court also did not pay due weightage to the fact that the Appellant had not handled the question papers at any stage and he had no role in distribution of wrong question papers to six candidates. These errors and omissions on the part of the learned Single Judge and the Division Bench, in our considered view, are fatal to their concurrence with the finding recorded by the Enquiry Officer, the Secretary and the Chairman of the Commission that the Appellant had unauthorisedly worked as Invigilator on 17.2.1990 and 18.2.1990. 18. At the cost of repetition, it deserves to be mentioned that the Appellant had no role to play in the matter of mixing of the question papers of the afternoon examination with the morning examination. Before the Enquiry Officer, no evidence was produced by the Commission to prove that the Appellant had the custod....