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"57. In this case, sufferance of prejudice has been vehemently
argued. That prejudice is that the petitioners are blacklisted and
debarred from appearing and hence, will not be public servants
in future. Sufferance is not shown to be based upon any act of
the MPSC by which, their innocence, hitherto concealed, could
have been otherwise brought out. Every candidate who follows
dubious means must suffer his fate by punishment. That is not
sufferance of prejudice. The entire concept is completely
misconceived. Sufferance of prejudice essentially requires the
petitioners to show the evidence which, if seen by the
departmental authority, would have proved their innocence. The
specimen handwriting in this case shows otherwise. It has seen
that the petitioners' specimen handwritings have, in fact, sealed
their fate. They have got the punishment they deserved upon the
evidence being considered. The punishment is not prejudice. The
Supreme Court has laid down the test of prejudice suffered by a
party by non-compliance of rules of natural justice as the only
reason to merit interference by Courts. No prejudice suffered is
shown in this case. No interference is merited.
xxx xxx xxx
// 23 //
78. The petitioners do not deserve to be public officers. The
petitioners have indulged in malpractice. They have colluded
with the other public officers of the same hue and colour. The
least punishment that can be meted out upon the petitioners is to
keep them away from public service. The MPSC has been more
than fair. The MPSC has acted upon anonymous complaints. It
has conducted a preliminary enquiry. It has removed the chaff
from the grain. It has issued notices only upon the candidates
who have been found to be tainted. It has not held back the
results of those who did not indulge in any malpractice. It has
issued not one, but three notices upon the petitioners until now.
It has considered not one, but three replies of the petitioners. It
has passed a reasoned order as directed. The order shows how
the original answer sheets have been changed at the instance of
the petitioners and for their own benefit; that the marks have
been increased; that there is a difference in the handwriting in
the answer sheets and the samples of their handwritings; that
the petitioners have acted in collusion with certain officers
mentioned therein; that the petitioners have admitted the
payment of illegal gratification. The order further shows not
only the act of the answer sheets having been changed but the
intention of the petitioners behind the act and the benefit they
sought to derive therefrom and the consequent presumption
which follows as "a common course of natural events and
human conduct" by "applying a process of intelligent reasoning
of the mind of a prudent man under similar circumstances", as
cited in the case of T. Shankar Prasad (supra)."