Calcutta High Court (Appellete Side)
Raj Narayan Paswan & Ors vs Union Of India & Ors on 12 July, 2013
Author: Pranab Kumar Chattopadhyay
Bench: Pranab Kumar Chattopadhyay
1
12.07.13
16/akd
W.P.C.T. 293 of 2013
Raj Narayan Paswan & Ors.
-Vs-
Union of India & Ors.
........................................................................
Mr. Arpa Chakraborty ... ... for the petitioners Mr. Swapan Banerjee ... ... for the respondents This writ petition has been filed challenging the common judgment and order dated 19th March, 2013 passed by the Central Administrative Tribunal, Calcutta Bench whereby and whereunder the said learned Tribunal disposed of eight separate original applications including O.A. 1171 of 2012.
The present writ petition has been filed on behalf of the applicants in O.A. 1171 of 2012. The learned Tribunal dismissed all the original applications on merits.
While dismissing the aforesaid original applications, learned Tribunal considered the question whether the applicants were entitled to get an opportunity to cross-examine the handwriting expert.
As a matter of fact, the respondent authorities cancelled the candidatures of the petitioners on the ground of mismatch of handwriting/signature/LTI of 2 the said petitioners with the respective application forms.
The identical issue was considered earlier by a Division Bench of this court in W.P.C.T. 178 of 2013. The Division Bench while allowing the aforesaid W.P.C.T. 178 of 2013 specifically held that the candidate concerned should be given an opportunity of hearing and also opportunity of cross-examining the handwriting experts before imposition of the penalty.
The respondent authorities herein undisputedly, cancelled the candidatures of the petitioners without observing the principles of natural justice by not giving an opportunity of hearing to the said petitioners and also refusing to grant opportunity of cross-examining the handwriting experts who allegedly found mismatch of the handwriting/signature/LTI of the petitioners herein with the respective application forms.
Following the earlier decision of the Division Bench of this court in W.P.C.T. 178 of 2013, we also set aside the impugned judgment and order dated 19th March, 2013 passed by the Central Administrative Tribunal in O.A. 1171 of 2012 along with other original applications and also quash the decision of the respondent authorities regarding cancellation of the candidatures of the petitioners for recruitment to Group 'D' post against employment notice No. 0106 3 on the ground of mismatch of handwriting/signature/ LTI of the petitioners with the respective application forms.
The respondent authorities are directed to take appropriate decision in respect of the petitioners afresh without any further delay after granting a reasonable opportunity of hearing to the concerned candidates namely, the petitioners herein and also granting an opportunity of cross-examining the handwriting experts who found mismatch of the handwriting/signature/LTI of the said petitioners with the respective application forms.
Needless to mention that the respondent authorities will also communicate the decision to the petitioners herein immediately after de novo consideration of the matter in terms of this order.
With the aforesaid observations and directions, this writ petition stands disposed of.
There will be no order as to costs.
Let urgent xerox certified copy of this order, if applied for, be given to the learned Advocates of the parties on usual undertaking.
(Pranab Kumar Chattopadhyay, J.) (Dr. Sambuddha Chakrabarti, J.)