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3. In the following year, Recruitment Board of vehicle mechanics at General Reserve Engineering Force Centre, Pune (hereinafter referred to as "GREF") was set up by the Chief Head Quarter, Dimapur. Lt. Col. S.S. Sisodia was appointed as the Presiding Officer. The petitioner was deployed as first member and S.K. Mendhapure was appointed as the second member of the Recruitment Board.

47. Admittedly, a Board Of Officers (BOO) of GREF for filing up the vacancies of Vehicle Mechanics in the Force, was constituted of which Lieutenant Colonel S.S. Sisodia was the Presiding Officer while the petitioner and S.K. Mendhapure were the First and Second member respectively. A Fact Finding Enquiry was held which gave its Report dated 22.07.2011 which noted certain irregularities and involvement of both Army and GREF officers and recommended that the existing BOO should not be involved in future recruitment. On the basis of this Enquiry, a Departmental Enquiry was initiated in which the petitioner participated and examined his witnesses, who were none other than the witnesses of the Department. The petitioner has claimed that despite the exculpatory testimony of his witnesses, he has been penalized with imposition of major penalty by the Disciplinary Authority.

II. Alleged infirmities in framing of charges.
52. The charges were framed based on the initial opinion of fact finding inquiry by the disciplinary authority as under:
"Article I That the said Md Nasimuddin Ansari, EE(E&M) of 1064 FW (P) Sewal as 1st member of Board of Officer for Recruitment to the post of Vehicle Mechanic at GREF Centre, Pune committed irregularities during the recruitment/ selection of candidates to the post of Vehicle Mechanic for BRO as 33 candidates have been awarded 75 marks out of 75 marks in written test for recruitment to the post of Veh Mech, in GREF Centre, Pune. Out of these 33 candidates 28 were selected and no candidate from other centres was awarded full 75 marks. When these 28 selected candidates were given the same question paper after some time, none of these 28 candidates could get 75 marks. In fact some of these candidates secure as little as 27 to 30 marks. This gave ground for suspicious that these 28 selected candidates did not actually know the answers because the knowledge once gained, does not fade away so quickly. If approved that these 28 candidates were allowed to adopt unfair means for attempting' answers to some question which they actually did not know that's why they could not give correct answers in the repeat test. They performed even worse when another question paper designed to test their basic knowledge on vehicle mechanism, was given to them some of these 28 candidates who had secured full marks obtained '0' marks out of 45 marks. This fact has confirmed the suspicious that these selected candidates had no basic knowledge of vehicle mechanic's trade and would have committed blunders if allowed to continue in the department.

06. SE-36 does not pertain to Pune Centre. Is it correct? Ans: Yes. The SE-36 does not pertain to GREF Center Pune as it has the Round Stamp of Recruitment Zone Rishikesh on all the three pages."

64. It may also be mentioned that Lt. Col. S.S. Sisodia has deposed that full marks were awarded in Q7 and Q11 to all the candidates based on the instruction given by the Commandant, GREF. Respondent no. 1, however, did not even make the efforts to examine the Commandant, GREF to rebut this testimony.