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Showing contexts for: Forgery of document in Sunil Kr. Sinha & Ors vs The State Of Bihar & Ors on 12 September, 2008Matching Fragments
44. In this back-ground, it arises for consideration whether or not the exams. have to be preserved and a fresh merit list directed to be prepared, or the entire examination from the post- advertisement stage, or the entire selection process including the advertisement should be set aside. I shall first take up the first two issues, and, if the need arises, the third issue thereafter.
45. The judgment of the Supreme Court reported in (1994) 4 SCC 165 (Krishna Yadav vs. State of Haryana) may first of all be noticed. It related to selection of Taxation Inspectors by Subordinate Selection Board. In view of the allegations of fraud, nepotism favouritism and arbitrariness, the Supreme Court handed it over to CBI for investigation. CBI report revealed acts of favouritism, selection without interview as also on the basis of fake or ghost interviews, tampering with final records, fabrication of documents, forgery, keeping the selection list a secret, issuing appointment letters after calling selected candidates and obtaining joining reports from them on the spot without any medical test and verification of antecedents and destroying the original records and answer books. The entire selection process, being vitiated by fraud and arbitrariness, was set aside even though the appointees were in service for four years. It was observed that individual cases of innocence were irrelevant in dealing the entire selection process. Paragraphs 16 to 22 of the judgment are reproduced hereinbelow:-
inference that all these were motivated by extraneous considerations. Otherwise, how does one account for selection without interview, fake and ghost interviews, tampering with the final records, fabricating documents, forgery? Each of this would attract the penal provisions of Indian Penal Code. They have been done with impunity.
18. The story does not end here. From out of the "selection list" secret communications have been sent to the candidates. Selections were made without medical test or verification of antecedents.