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TMI Blog2002 (2) TMI 1342X X X X Extracts X X X X X X X X Extracts X X X X ..... is re-produced below:- Now it has come to notice of Railway Board that RRB Bangalore has not subjected the candidates to typewriting test which was an essential recruitment besides there being certain serious irregularities in the conduct of examination. The Railway Board after considering the matter totally and taking into account the report of CBI and serious nature of irregularities in conduct of selection have decided to cancel the entire panel and to terminate the services of all the candidates appointed on South Central Railway by giving the notice as per rules The service of the respondent was terminated by order dated 18.8.1999. The respondent preferred a petition before the Central Administrative Tribunal challenging the order of his termination among other on the ground that the respondent was not responsible for any kind of irregularity and in case it was committed by the Railway Recruitment Board he could not be held responsible for it. It could not be said that each and every selected candidate was involved in it, if at all. Hence, a decision to terminate the services of all the appointees or to cancel the selection was bad. The other ground of challenge is tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause notice. In such circumstances it will be open to cancel the whole selection. Shri P.S. Misra, learned senior counsel appearing for the respondent has, however, urged that it was necessary to make known to the respondent appointee about the exact and precise nature of the irregularity committed as well as misconduct if any attributable to him so that it could be possible for him to have explained the position which has otherwise adversely affected the respondent. It is further submitted that the order of termination is in clear violation of Article 311 of the Constitution as on the basis of show cause notice as issued, it was incumbent upon the appellant to hold an enquiry and then alone pass an order of punishment, not otherwise. It is also submitted that according to the report of the CBI the beneficiaries of the irregularities could be identified and the persons against whom action has been recommended are named therein. Name of the respondent-appointee is not amongst those against whom action has been recommended. The submission is that only those who got benefit of the irregularities if any, committed by the Railway Recruitment Board, should have been issued notices and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cancelled as those who had joined long before in pursuance to such a selection had not been impleaded as parties before the High Court and also in view of the fact that unsuccessful candidates who had chances of being selected if the marks allocated for the viva voce test had been reduced, were directed to be appointed to the posts which were kept vacant for them by means of interim orders of the Court. In our view the nature and the extent of illegalities and irregularities committed in conducting a selection will have to be scrutinized in each case so as to come to a conclusion about future course of action to be adopted in the matter. If the mischief played is no widespread and all pervasive, affecting the result, so as to make it difficult to pick out the persons who have been unlawfully benefited or wrongfully deprived of their selection, in such cases it will neither be possible nor necessary to issue individual show cause notices to each selectee. The only way out would be to cancel the whole selection. Motive behind the irregularities committed also has its relevance. The copy of the report of the CBI has been made available to the Court by the learned Additional Soli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not have technical personnel as its member as per requirement. Each member was required to award marks to the candidate in the individual assessment sheets provided to them and ;average was to be worked out but no average was worked out. The column for interview marks was later on filled up as per wishes of the Chairman and Member-Secretary of the Board and signatures of the non official members were obtained on the summary sheet later on. It is mentioned in the report that huge amount of money was taken for selecting the candidates but none is coming forward to indicate as to who and how much one paid for it for fear of being in trouble. It is further reported that non official Chairman of the Board made payment of printing of the examination paper etc. not to any firm but to one Gaja Raja Yadav. It may also be mentioned that according to the report a large number of applications were missing and postal orders of the missing applications were encashed and misappropriated and even before the closing date of receiving the applications, it started sending applications to the computer firm for their scrutiny. The C.B.I. has named five persons as accused in the report namely the Cha ..... 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