Central Administrative Tribunal - Mumbai
Dileep Kumar Rajendra Singh vs M/O Railways on 24 February, 2026
1 OA No.588/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No.588/2019
Dated this Tuesday the 24th February, 2026
CORAM:HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE SHRI UMESH GAJANKUSH, MEMBER (J)
Shri Dileep Kumar Rajendra Singh
Age 30 years, Occ:-Nil
Resident of Village - Khaira,
P.O.-NAD, District-Rohtas,
Bihar - 821178. ... Applicant
( By Advocate Shri Saumitra Salunke i/b Shri P.R.
Yadav)
VERSUS
1. Union of India
Through Secretary,
Ministry of Railway, Having Office at 256A,
Rail Bhavan, Raisina Road, New Delhi
Pin No.110 001.
2. The General Manager
Railway Recruitment Board, Western Railway,
Divisional Office Compound,
Mumbai Central, Mumbai - 400 008.
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=
Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0
f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b
abf6f4, CN=Milan Jackson Alphanso
Alphanso
3. Assistant Secretary
Reason: I am the author of this document
Location:
Date: 2026.02.26 10:38:45+05'30'
Foxit PDF Reader Version: 2024.4.0
Railway Recruitment Board,
Western Railway,
Divisional Office Compound,
2 OA No.588/2019
Mumbai Central,
Mumbai - 400 008. ... Respondents
(By Advocate Shri Rishi Ashok i/b Shri B.K.
Ashok)
ORDER
Per: Shri Umesh Gajankush, Member (J)
The present OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 by seeking the following reliefs:
"8.1 That your Lordship may graciously be pleased to quash and set aside the order dated 02.02.2018 as contain in Annexure A/1 concerning the order of cancellation of the candidature of the applicant as well as debarment from the future exams and employment in the railways of the applicant. 8.2 That the respondent be further directed to consider the applicant for the post of a loco pilot as applied by the applicant. 8.3 That the respondent be directed to exclude the name of the applicant from the debarment list of the Railways. 8.4 That the respondent be further direct to grant all consequential benefits including seniority in the favour of the applicant.
Milan Jackson Alphanso Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso 8.5 That any other relief or reliefs including the cost of proceeding in favour the applicant."
Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0
2. Brief facts of the case as stated by the applicant are that in pursuance of Employment 3 OA No.588/2019 Notice No.01/2014 published on 18.01.2014, the applicant applied for the post of Assistant Loco Pilot and Technician category. On 15.06.2014, he appeared in the written examination. On 02.08.2018, the result of written test was declared and the applicant was found qualified for Technician category and thereafter, he was called for document verification, which was carried out on 06.11.2017.
2.1 Thereafter, the respondents obtained fingerprint expert opinion on 07.12.2017, in which, it has been opined by the Senior Fingerprint Expert that the left thumb impressions (LTIs) on the document verification form, declaration form and paragraph writing form (all during document verification) are not identical to the LTI found on the OMR sheet. It Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson is further observed that the LTIs on the 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 application form, attendance sheet and admit card for the written test were recorded as blurred. 4 OA No.588/2019 Based on the aforesaid opinion, notice for debarring from examination of all Recruitment Railway Boards for life time was issued to the applicant on 10.01.2018, to which, reply dated 24.01.2018 has been submitted denying all the allegations levelled against the applicant and he has further stated that thumb impression is also taken on application form, written attendance sheet, admit card, OMR sheet, however, it has been intimated that the thumb impression of only OMR sheet is not matching with the impression taken at the time of document verification which means that the thumb impression on other documents provided at the time of filling of the form as well as the thumb impression collected on the attendance sheet during the exam matches. 2.2 It is further stated that signature Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson is also verified on the OMR sheet and the photo 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 Id is also checked at the examination. However, by impugned communication dated 02.02.2018 5 OA No.588/2019 (Annexure A-1), the candidature of the applicant is cancelled against the Employment Notice No.01/2014 and also debarred the applicant from examinations of all Railway Recruitment Boards and also appointment on Railways for life time. Thereafter, the applicant has submitted letter for reconsideration of his case and re-verify his fingerprint and match the same with other documents vide letter dated 20.02.2018. However, vide letter dated 25.06.2018 issued by the respondent No.3, it is informed that the representation of the applicant has already been examined and reply to the same was already provided to the applicant.
2.3 Therefore, impugned communication is challenged by the present applicant on the ground that the entire action of the respondents is Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson illegal, arbitrary, unconstitutional, against the 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 rules and principles of natural justice and liable to the set aside.6 OA No.588/2019
2.4 It is also contended that the applicant did not use any illegal means in the examination conducted by the respondents authorities. It is further contended that the respondents authorities did not consider the reply provided by the applicant, neither they considered the fact that the applicant had affixed his fingerprint impression on other documents also for which the respondents authorities remained silent upon it.
3. After notice, the official respondents have filed their reply and contested the OA.
3.1 It has been submitted that the applicant had applied for the post of ALP & Technician Vide his application under CEN 01/2014 (Annexure R-1).
He was allotted Roll No 61410011083869 and provisionally called for written examination held Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson on 15.06.2014 (Annexure R-2) and thereafter, he 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 was called for Document verification for the post of Technicians on 06.11.2017.7 OA No.588/2019
3.2 It has been further submitted that at the time of document verification, the applicant's Left Thumb Impression on Document verification form (during DV), on Declaration form (during DV), on paragraph writing form (during DV) were not identical with Left Thumb impression on OMR sheet.
3.3 It has been submitted that as per para 14.04 of CEN 01/2014 (Annexure R-3)"Any candidate found using unfair means in the examination or sending someone else in his/her place to appear in the examination will be debarred from appearing in all the examinations of all the RRBs for lifetime. He/She will also be debarred from getting any appointment in the Railways. Such candidates are also liable for prosecution". 3.4 It has been submitted that accordingly, Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson this case was referred to Sr. Fingerprint 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 Examiner and he gave remarks on 07.12.2017. (Annexure R-4). After receiving confirmation from 8 OA No.588/2019 Sr. Fingerprint Examiner, the office has sent a (Debar Notice) letter No. RRB/MB/L.T.D./2018/134 dated 10.01.2018 (Annexure R-5) to the Applicant stating, "Your reply should reach this office positivity by 29.01.2018 or else it will be construed that you have nothing to say in this matter and your candidature will be cancelled and you will be put under life time debar list." 3.5 It has been submitted that the office has received his representation dated 24.01.2018 against the above said notice. The office informed him by (Debar) letter No.RRB/MB/L.T.D/2018/134 dated 02.02.2018 (Annexure R-6) that "this office has received your representation dated 24.01.2018 against the above said notice and therefore, it is stated that the same does not contain any genuine Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson grounds for consideration of your case against 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 debarment. It is, therefore, understood that with your active co-operation, knowledge and consent, 9 OA No.588/2019 somebody else appeared in the written examination on your behalf which is a clear cut case of malpractice and offence of impersonation and fraud against the Railway Recruitment Boards and the Railways, to obtain appointment in the Railway service by illegal means. Therefore, your candidature is hereby cancelled against Employment Notice No.01/2014. In view of the above as per rules, you are also debarred from all future examinations of Railway Recruitment Board's and also appointment on Railways for LIFE TIME. His name was put under debarred list for lifetime."
3.6 It has been submitted that this is without prejudice to the right of this RRB to initiate criminal proceedings against the Applicant. The candidature of this Applicant was Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson cancelled and his roll No.61410011083869 was 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 published in result under the "cancelled candidature" heading issued on 05.02.2018. After 10 OA No.588/2019 issuing result, the Applicant has filed his appeal on 20.02.2018 and the same was replied by the Respondents vide letter No. RRB/MB/L.T.D./2018/134 dated 28.02.2018 (Annexure R7) 3.7 Thereafter, the Applicant filed a new representation on 25.06.2018 and the same was timely replied by the Respondents vide letter No.RRB/MB/L.T.D./2018 dated 11.07.2018 (Annexure R8) On the basis of the aforesaid, the respondents have prayed for dismissal of the OA.
4. During pendency of OA, vide proceeding dated 30.07.2025, the respondents were directed to place on record the affidavit of the competent authority by disclosing the procedure adopted for obtaining opinion contained in Annexure R-4. In Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson furtherance of the same, an affidavit of Shri 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 Vikas Ramesh Chavan, Member Secretary, Railway Recruitment Board (RRB), Mumbai dated 17.11.2025 11 OA No.588/2019 has been placed by the official respondents on record which states as under:
"Procedure and Criteria Adopted by the Fingerprint Expert The Fingerprint Expert examined both sets of impressions using standard forensic techniques recognized in India. The following scientific criteria and comparison parameters were used by the expert:
a. Pattern Type Analysis - Loop, Whorl, Arch, or Composite patterns;
b. Ridge Characteristics/Minutiae Comparison - including ridge endings, bifurcations, enclosures, spurs, dots, and ridge flow;
c. Point-to-Point Matching System - identification of individualized ridge features;
d. Evaluation of Quality - clarity, continuity and suitability of both the specimen and questioned impressions;"
5. We have heard learned counsel for the parties.
6. Learned counsel for the applicant vehemently argued that looking to the notice dated 10.01.2018, it is apparent that same was Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso issued on the basis of expert opinion, to which, Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 reply was submitted by the applicant. However, without considering the reply in proper 12 OA No.588/2019 perspective, impugned communication dated 02.02.2018 was issued by cancelling the candidature of the applicant against the Employment Notice No.01/2014 and also debarred the applicant from all examinations of Railway Recruitment Boards for life time. The impugned action/ order is contrary to the principles of natural justice. It is submitted that alongwith notice dated 10.01.2018, copy of such expert opinion was never provided to the applicant.
Further, there is only allegation of mismatch of thumb impression at the time of document verification and the left thumb impression on the OMR sheet whereas in respect of other documents i.e. application form, written test attendance sheet, admit card, there is a thumb impression and also signature of the applicant are Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson available. In respect of these documents, there 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 is no dispute raised by the department. Under these circumstances, the impugned order is liable 13 OA No.588/2019 to be quashed.
6.1 During the course of the arguments, learned counsel for the applicant has placed reliance on the order of the Division Bench of Allahabad High Court in Writ Petition (Appeal No.21096 of 2018) decided on 16.05.2023 in the case of Vijay Pal and 22 Others Vs. Union of India and 3 Others. 6.2 The aforesaid order was challenged at the instance of Union of India by filing SLP (C)No.24965/2023 which was dismissed by the Hon'ble Supreme Court vide its order dated 09.12.2024.
6.3 Further, reliance is placed on the order of Central Administrative Tribunal, Principal Bench, New Delhi in OA No.1581/2020 decided on 24.02.2025 in the case of Pardeep Saini Vs. Staff Selection Commission and Another.
Digitally signed by Milan Jackson AlphansoDN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso On the basis of aforesaid judgments Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 also, the applicant prayed for quashment of the impugned order with the prayer for consideration 14 OA No.588/2019 of applicant's candidature afresh.
7. On the other hand, on the basis of the reply, the official respondents have justified their action. It is submitted that after receipt of the expert opinion Annexure R-4 and taking note of para 14.04 of CEN No.01/2014 which specifically provides that 'Any candidate found using unfair means in the examination or sending someone else in his/her place to appear in the examination will be debarred from appearing in all the examinations of RRBs for lifetime' notice was issued. It is further submitted that prior to issuance of impugned communication dated 02.02.2018, based upon the expert opinion, notice dated 10.01.2018 was issued to the applicant and after getting the reply, impugned communication has been issued. Therefore, according to the Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson respondents, there is a compliance of principles 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 of natural justice. Under the given facts and circumstances of the case, the judgments relied 15 OA No.588/2019 by the learned counsel for the applicant are distinguishable on the facts and, therefore, the OA is liable to be dismissed.
8. After hearing learned counsel for the parties and after perusal of the record, it is not in dispute that in pursuance of Employment Notice No.01/2014, the applicant has participated in the selection process for the post of Assistant Loco Pilot and Technician category. In the said process, he was called for written examination on 15.06.2014 and prior to that, admit card was issued to the applicant. The result of written test was declared on 02.08.2017 and thereafter fingerprint expert opinion was obtained on 07.12.2017 in which it is opined that left thumb impressions (LTIs) on the document verification form, declaration form and paragraph Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson writing form (all during document verification) 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 are not identical to the LTI found on the OMR sheet. The LTIs on the application form, 16 OA No.588/2019 attendance sheet and admit card for the written test were recorded as blurred. Based upon the aforesaid opinion, notice dated 10.01.2018 (Annexure A-3) was issued to the applicant. However, looking to the aforesaid notice, it is clear that neither the date of expert opinion was mentioned in the said notice nor a copy of said report was enclosed alongwith the notice. Although the applicant has filed the reply to the notice dated 24.01.2018 but the fact remains that at the time of reply, the applicant has no opportunity to see the opinion of the said expert. Further, except the mismatch of left thumb impression during document verification documents and OMR sheet, there is no opinion in respect of the signature of the applicant in all these documents i.e. documents submitted by the Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson applicant while participating in the selection 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 process i.e in the application form and the OMR sheet. Further, the signatures of the applicant 17 OA No.588/2019 have been taken during the process of examination and document verification on various documents.
9. Similar question in respect of cancellation of candidature in a particular examination and debarment for a life time was came up for consideration before the Division Bench of Allahabad High Court in the case of Vijay Pal (supra), of which, relevant paragraphs are reproduced herein below:
26. In Ran Vijay Singh and others vs. Union of India and others, Writ A No.2813 of 2017, this Court in similar facts set aside the cancellation of the candidature and their debarment for three years from appearing in any examination of the Commission on the strength of an expert opinion.
"23. In the facts of the present case, despite allegation made in the notice dated 5.8.2015 about thumb impression, signatures and handwriting having not tallied, the respondents have confined their conclusion to the opinion of the handwriting expert. Such opinion cannot be construed as being conclusive.
24. In the present case not only the petitioners have been denied appointment but they are also debarred from appearing in any examination conducted by the Commission for three years. Such order of Commission Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b is clearly stigmatic in nature. The order under challenge carries civil consequences also. Such order cannot be abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 sustained merely on the strength of handwriting report, nature of which remains that of an opinion, and cannot be construed as conclusive.
25. The report of CFSL based upon handwriting expert's 18 OA No.588/2019 opinion, moreover, has not been furnished to the petitioners. Petitioners consequently had no opportunity to controvert it."
27. The decision rendered in Ran Vijay Singh (supra), was carried intra court appeal in Union of India and others vs. Ran Vijay Singh and others, Special Appeal No.1045 of 2018 decided on 8 May 2019, Division Bench observed as follows:
"At this juncture, we would also like to state that it is not the case of the appellant-respondents that the process of selection suffers from mass-irregularity, but of unfair practices adopted by certain individuals. Looking to this background also, we are of the considered opinion that while cancelling examination of the respondent-petitioners and further debarring him for three consecutive examinations the appellant should have supplied a copy of the opinion given by the handwriting expert. Non-supply of that is in violation of principles of natural justice."
28. The aforenoted authorities came to be followed by the Division Bench in Bhupendra Singh vs. Union of India and another, Writ A No.35333 of 2016 decided on 30.10.2018, the relevant part of the order is extracted:
"In both Ran Vijay Singh and Tulasi Ram Prajapati, the learned Judge found that the candidature of the petitioners could not have been unilaterally annulled without granting them an opportunity to rebut the findings recorded by the expert. These principles are clearly attracted to the facts of the present case. The submission of the learned Standing Counsel that the order is not stigmatic and there is no violation of Article 311 of the Constitution do not merit consideration since Milan Jackson Alphanso Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' principles of natural justice would clearly apply in all situations where a person is visited with serious civil Foxit PDF Reader Version: 2024.4.0 consequences. Once the name of the petitioner stood included in the select list, his removal from the same on the allegation of impersonation must necessarily have been preceded by the issuance of a notice or at least an 19 OA No.588/2019 opportunity of hearing to the petitioner to establish that the adverse material which was relied upon by the respondents was not liable to be accepted. It is well settled that the opinion of an expert is not conclusive and remains just that, namely, an opinion."
......
31. The respondent-Railways, in their counter affidavit, have not denied that at all stages of the examination, i.e., Written Test and P.E.T., thumb impression and signatures of the candidates was taken and the entire process was video- graphed. In this backdrop, it cannot be said that though the petitioners had appeared for the examination, yet at the same time, there was mismatch in handwriting/thumb impression. .......
34. In service jurisprudence, though Evidence Act is not applicable, the charge is not required to be proved beyond reasonable doubt, but on the principle of preponderance of probability, based on some material evidence against the petitioners. It is not a case of disciplinary proceedings, neither, it is a case set up by the Railways, that there was large scale irregularities in the examination process, only few candidates have been picked-up and their selections cancelled merely on an opinion obtained behind the back of the petitioners without confronting the petitioners with the incriminating material."
10. The aforesaid order was confirmed by the Hon'ble Supreme Court vide its order dated 09.12.2024 by dismissing the appeal of the Union of India.
Digitally signed by Milan Jackson AlphansoDN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document
11. Further, in the case of Pardeep Saini Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 (supra), the Co-ordinate Bench of this Tribunal observed as under:20 OA No.588/2019
4. The crucial issue pertaining to adjudication of the present OA is whether the action by the respondents, particularly respondent no.1 in cancelling the candidature of the applicant and debarring him from appearance in the examination for seven years is legitimate based solely on the opinion of the CFSL Laboratory, Chandigarh. In this regard, the learned counsel for the applicant has relied on the various Supreme Court judgments and the Tribunal's orders as cited above. As it has been pointed out, reliance on all these judgments is on the judgment of the Apex Court in Magan Bihari Lal (supra). The Apex Court judgment was in connection with a criminal case. The appellant in that case was tried and convicted by the Judicial Magistrate, Ist Class, Ludhiana for offences under Sections 468, 411 and 420 read with Section 109 of the Penal Code, 1860. While giving its finding, the Apex Court held that the opinion of the handwriting expert cannot be the sole basis of conviction. Conviction under the aforementioned Sections of IPС requires corroboration in addition to the expert opinion regarding the handwriting. 4.1 The present matter does not pertain to a criminal case.
It pertains to appointment of a MTS with respondent no.2. In criminal proceedings, the rigours of proof under Section 45 of the Evidence Act, 1872 are essential. However, in service matters, preponderance of probability is the norm. However, when the livelihood and career of a person depends upon the decision of the respondents, we cannot brush aside the rigours of proof while coming to the conclusion that the applicant indulged in malpractice like impersonation. The same rigours of proof are required while depriving a person of his opportunity to earn livelihood and pursue career in public service. Milan Jackson Alphanso Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Accordingly, the sole reliance on the CFSL report is not tenable. Moreover, the CFSL Chandigarh has not come to Foxit PDF Reader Version: 2024.4.0 the conclusion in one go. It has tried thrice to get the signatures and handwriting of the applicant. With the passage of time, these things do vary. There is no corroborating evidence to support the findings of the 21 OA No.588/2019 expert opinion of CFSL, Chandigarh. The coordinate Benches of this Tribunal in Sandeep Singh (supra), Sanjeev Kumar (supra), Sonu (supra) and Pramod Kumar (supra) have allowed the prayers of the applicants therein in those OAs where the respondents therein relied solely on the expert opinion of the Central Forensic Science Laboratory. We find no reason to take a divergent view in the instant case.
Conclusion
5. In view of the above, the OA is partly allowed. The impugned order dated September, 2020 is quashed and set aside. The matter is remitted to the respondents with direction to consider the candidature of the applicant afresh. This exercise shall be completed within a period of eight weeks from the date of receipt of a certified copy of this order. No costs."
12. In the present case also, alongwith notice dated 10.01.2018, a copy of expert opinion was not provided to the applicant and, therefore, the applicant was prevented from reasonable opportunity to controvert the aforesaid report dated 07.12.2017 (Annexure R-4). Inspite of the fact that in reply dated 24.01.2018 apart from denying the allegations and the applicant Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b specifically prayed that he is willing to given abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 thumb impression of the left hand for matching again. Further, it is not a case set up by the 22 OA No.588/2019 Railways that there was large scale irregularity in the examination process, only applicant appears to have been picked up and his selection has been cancelled on an opinion obtained behind back of the applicant without confronting the applicant with the incriminating material.
13. Thus, in view of the aforesaid discussion and observation made by the Division Bench of Hon'ble Allahabad High Court in the case of Vijay Pal (supra) and observation of order in the case of Pardeep Saini (supra) by the Principal Bench of this Tribunal, impugned communication dated 02.02.2018 (Annexure A-1) is quashed. The respondents are directed to reconsider the case of the applicant within a period of 90 days from the date of receipt of a certified copy of the order and after Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson reconsideration, if found eligible, then take 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0 appropriate steps for appointment of the applicant in accordance with law.23 OA No.588/2019
14. The Original Application is allowed to the extent indicated above. Pending MAs, if any, stand closed. No costs.
(Umesh Gajankush) (Shri Krishna)
Member (J) Member (A)
ma.
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0 f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8b abf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.02.26 10:38:45+05'30' Foxit PDF Reader Version: 2024.4.0