Central Administrative Tribunal - Delhi
Durgesh Kumar vs Staff Selection Commission on 7 January, 2026
1
Item No. 41 O.A. No. 3779/2017
Court No. IV
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 3779/2017
This the 07th day of January, 2026
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S Khati, Member (A)
Durgesh Kumar
S/o Sh. Suresh Kumar
R/o H. No. 163,
Naya Pana,
Near Shiv Mandir,
VPO Ladpur, Delhi- 110081
Aged about 19 years (Group 'C')
(Candidate towards SSC Examination)
...Applicant
By Advocate: Mr. Ajesh Luthra with
Ms. Meenu Sharma
Versus
1. Staff Selection Commission
Through its Chairman (Head Quarter),
Block No 12,
SHILPI GUPTA CGO Complex,
SHILPI GUPTA 2026.01.09
17:37:53+05'30' Lodhi Road,
New Delhi-110504
2. Staff Selection Commission (Northern Region)
Through its Regional Director,
Block No 12,
CGO Complex,
Lodhi Road,
New Delhi-110504
...Respondents
(By Advocate: Dr. C S Khan with
Mr. Jayant Singh,
Mr. Sameer Khan and
Mr. Iran Khan)
2
Item No. 41 O.A. No. 3779/2017
Court No. IV
ORDER (ORAL)
Hon'ble Mr. Manish Garg, Member (J) In the instant O.A. the applicant has prayed for the following reliefs:-
"a) Quash and set aside the impugned order dated 29/09/2017 placed at Annexure A/1 and
b) Accord all consequential benefits.
c) Award costs of the proceedings; and
d) Pass any order/relief/direction(s) as this Hon'ble Tribunal may deem fit and proper in the interests of justice in favour of the applicant."
2. Highlighting the facts of the present case, learned counsel for the applicant would submit that the applicant is aggrieved of the memorandum dated 29.09.2017 (Annexure-A/1), whereby the candidature of the applicant has been cancelled and also debarred from appearing in Commission's examination for the period of three years. The said memorandum was passed on SHILPI GUPTA SHILPI GUPTA 2026.01.09 17:37:53+05'30' 29.09.2017, even though the period of three years has expired on 27.09.2020, however, the issue has to be adjudicated on the merits of the case itself. Learned counsel for the applicant further points out the inter locatory order (interim order) dated 20.07.2018 passed by this Tribunal. For ready reference the same is reproduced herein below:-
"MA No.830/2018 was filed by the applicant seeking direction of declaration of the result. Now the respondents have produced before us a copy of the 3 Item No. 41 O.A. No. 3779/2017 Court No. IV result in respect of Shri Durgesh Kumar, who has secured 81 marks......"
2.1. He states that the respondents have not issued any show cause notice to the applicant before issuing the memorandum of debarment.
The sum and substance of the impugned order under challenge, is as under:-
"3. The Centre Supervisor, Arwachin Bharti Bhawan Sr. Sec. School, C-Block, Vivek Vihar, Near Balaji Hanuman Mandir, New Delhi, 110095 has reported that one candidate Shri Durgesh Kumar, Roll No. 2201055040, resident of H.NO-163 Naya Pana, Vpo Ladpur, North West, Delhi, 110081 was discussing questions/seeking answer as well as assisting candidate, Sagar Roll No. 2201028422 sitting adjacent to him.
4 As per Para 2) of the instructions to candidates for the above cited examination it is mentioned that "Prohibited items, such as watches, books, paper chits, magazines, electronic gadgets (mobile phones, bluetooth devices, head phones, pen/buttonhole cameras, scanner, calculator, storage devices etc.) are STRICTLY NOT ALLOWED in the examination lab. If any such item is found in the possession of a candidate in the examination lab, his/her candidature is liable to be cancelled and legal / criminal proceedings could be initiated against him/her. He/She would also liable to be debarred from appearing in future examinations of the Commission for a SHILPI GUPTA SHILPI GUPTA 2026.01.09 period of 3 years".
17:37:53+05'30'
5. As per Para 10) sub para iii) and iv) of the Notice for the above cited examination under the caption GENERAL INSTRUCTIONS TO BE COMPLIED BY THE CANDIDATES IN THE WRITTEN EXAMINATION it is stated that
iii) Candidates are not permitted to use calculators and other electronic gadgets except as specified in the Notice. They should not, therefore, bring the same inside the Examination Premises/Venue:
iv) If any candidate is found to possess mobile phones or any other means of wireless communication in the working or switched off mode, his/her candidature shall be cancelled forthwith.
Under Para 15) under the Caption "Action against candidates found guilty of misconducted it is clearly stated that "Without prejudice to criminal action/debarment from Commission's examination wherever necessary, candidature will be summarily cancelled at any stage for a period of maximum 3 4 Item No. 41 O.A. No. 3779/2017 Court No. IV years of the recruitment in respect of candidates found have indulged in any of the following:-
(i) in possession of MOBILE PHONE & ACCESSORIES AND OTHER ELECTRONIC GADGETS WITHIN THE PREMISES OF THE EXAMINATION CENTRE, WHETHER IN USE OR IN SWITCH OFF MODE AND ON PERSON OR OTHERWISE.
(ii) Involved in malpractices.
(iii) Using unfair means in the examination hall.
6. It is responsibility of the Staff Selection Commission to protect the integrity of selection process, prevent malpractice and cheating and enforce strict discipline and code of conduct for the above recruitment. Therefore, the candidature in respect of Shri. DURGESH KUMAR, Roll No. 2201055040 for the above cited examination stands cancelled and also debarred from appearing In the Commissions examinations for a period of three years as per Para 15) of the Notice of the above recruitment.
The details are given below:
Name, Date of Catego Addre Period of debarment Roll No., Birth ry ss Father From To and Mother Name Durgesh 04/05/1 UR H.NO- 18.09.20 17.09.20 Kumar, 998 163 17 20 22010550 NAYA 40, PANA SHILPI GUPTA Suresh VPO SHILPI GUPTA 2026.01.09 17:37:53+05'30' Kumar, LADP Ruby UR NORT H WEST Delhi 15008 1 This issues with the approval of RD (NA)."
3. Opposing the grant of relief, the learned counsel for the respondents would rely upon the counter affidavit.
He states that the applicant applied for recruitment for the post MTS Examination 2016 from the Northern Regional Office of SSC. He appeared in the Written 5 Item No. 41 O.A. No. 3779/2017 Court No. IV Examination held on 18.09.2017. During examination, he was found discussing questions/seeking answer as well as assisting candidate, namely Shri Sagar Roll No. 2201028422, who is sitting adjacent to him and such malpractices activity was watched/monitored by the Centre Supervisor/ Hall invigilator of the examination.
The report in this regard was submitted by Centre Supervisor/Hall Invigilator to SSC(NR) (Annexure-R1).
3.1. He further draws attention to Annexure-R1, which is an inspection report. For ready reference the same is highlighted herein below:-
SHILPI GUPTA SHILPI GUPTA 2026.01.09 17:37:53+05'30' 6 Item No. 41 O.A. No. 3779/2017 Court No. IV 3.2. He draws attention to para 4 of the counter reply filed on behalf of respondents, which reads as under:-p "4. Para 15 of the Notice say that "Action against candidates found guilty of misconduct:-
Candidates are warned that they should not furnish any particulars that are false or suppress any material SHILPI GUPTA SHILPI GUPTA 2026.01.09 information while filling in the application from 17:37:53+05'30' Candidates are also warned that they should in no case attempt to alter or otherwise tamper with any entry in a document or the attested certified copy submitted by them nor should they submit a tampered/fabricated document. If there is any inaccuracy or any discrepancy, in filing OMR Sheet will not be evaluated.
Without prejudice to criminal action/debarment from Commission's examination wherever necessary/ candidature will be summarily cancelled at any stage for a period of maximum 3 years of the recruitment in respect of candidates found have indulged in any of the following:
(i) In possession of MOBILE PHONE & ACCESSORIES AND OTHER ELECTRONIC GADGETS WITHIN THE PREMISES OF THE EXAMINATION CENTRES/ WHETHER IN USE OR IN SWITCH OFF MODE AND ON PERSON OR OTHERWISE.
(ii) Involved in malpractices.7 Item No. 41 O.A. No. 3779/2017
Court No. IV
(iii) Using unfair means in the examination hall.
(iv) Obtaining support for his / her candidature by any means.
(v) Impersonate/ Procuring impersonation by any person.
(vi) Submitting fabricated documents or documents which have been tampered with.
(vii) Making statements which are incorrect or false or suppressing material information.
(viii) Resorting to any other irregular or improper means in connection with his/her candidature for the examination.
(ix) Misbehaving in any other manner in the examination hall with the Supervisor/ Invigilator or Commission's representatives.
(x) Taking away the Answer -Sheet with him/her from the examination hall/ or passing it on to unauthorised persons during the conduct of the examination.
(xi) Intimidating or causing bodily harm to the staff employed by the Commission for the conduct of examination.
(xii) To be ineligible for the Examination by not fulfilling the eligibility conditions mentioned in the Notice. 16.
(xiii) Candidature can also be cancelled at any stage of the recruitment for any other ground which the Commission considers to be sufficient cause for cancellation of candidature".
3.3. Learned counsel for the respondents justified the SHILPI GUPTA SHILPI GUPTA 2026.01.09 17:37:53+05'30' action taken by the respondents pursuant to the impugned order. He further submits that there is no provision to issue any show cause notice before passing the memorandum of debarment.
4. The sum and substance of the arguments of the learned counsel for the respondents is that the applicant was involved in malpractice.
5. Having heard the learned counsel for the parties and perused the records of the case.
8 Item No. 41 O.A. No. 3779/2017Court No. IV
6. Prima facie, the case of the respondents is premised on an Inspection Report (Annexure-R/1), which has already been highlighted hereinabove. Having examined the Inspection Report itself, column 15 of the said report is as under:-
In aforesaid para 15 of the Inspection Report, the question was raised of impersonation. However, in the present facts there is no question of being any impersonation was involved. It is only a discussion among the two candidates, which has been alleged as a malpractice, without any substantive proof except the SHILPI GUPTA SHILPI GUPTA 2026.01.09 report of the Inspecting Officer, which has been placed 17:37:53+05'30' on record for the first time in the counter affidavit.
Nothing has been placed on record by the respondents to show as to whether any FIR or any criminal action has been taken against the applicant for being involved in malpractice.
6.1. Furthermore, the plea of the respondents to the effect that there is no provision to issue show cause notice before issuing an memorandum of debarment 9 Item No. 41 O.A. No. 3779/2017 Court No. IV dated 29.09.2017, which in fact stigmatic in nature, apparently in gross violation of principle of natural justice, inasmuch as a show cause notice ought to have been issued preceded before passing the impugned order.
Even though it has been stated in the counter affidavit that the examination has been video graphed, and version is verifiable. However, no video graphy has been produced on record.
7. On this short point alone, the impugned order dated 29.09.2017 is liable to be quashed and set aside. The order of debarment viz. a viz. the applicant is thereby quashed and set aside.
8. We observe that by virtue of passing of this order the debarment shall not come as an impediment for selection as observed in the inter-locatory order dated 20.07.2018. SHILPI GUPTA SHILPI GUPTA 2026.01.09 17:37:53+05'30'
9. Accordingly, the present Original Application is disposed of in aforesaid terms. Associated M.As, if any, also stand disposed of. No order as to costs.
(Dr. Anand S Khati) (Manish Garg)
Member (A) Member (J)
/SG/