In K. Vijayalakshmi v. Union of India
reported in AIR 1998 SC 2961 where the authority withheld the
documents based on which the conclusion was drawn for adopting
unfair means in the examination the apex court has observed as
under:
26. The judgment in Vijayalakshmi's case (supra) is a case where the appellant's name was not included in the panel of selected name prepared on the ground that she adopted unfair means in the written examination although she stood first in the test held for selection to the post of Assistant Personnel Officer. The said conclusion was arrived at mainly relying on the opinion of Forensic Department that the answers sheets had been replaced. A show-cause notice was issued without supplying to the appellant a copy of the opinion based on which the conclusion reached. The Supreme Court held that deleting the name of the appellant from the panel of selected candidates without supplying a copy of the opinion and without giving an opportunity of being heard to explain her case is in violation of the principles of natural justice.
Learned counsel further placed reliance on the judgments of Hon'ble Apex Court in the case of K. Vijayalakshmi Vs. Union of India & Ors., reported in (1998) 4 SCC 37 and Roop Singh Negi vs Punjab National Bank & Ors., reported in (2009) 2 SCC 570. It was held that without availability of material, adverse decision should not be taken. At this stage, learned Senior Counsel Shri Ashok Gaur stated that if any of the petitioner indulged in unfair practice of cheating by impersonation in RPMT then this court can very well pass adverse order against them but it should be on a proper scrutiny and not in the manner, it has been done by the respondents by applying the inquiry report of P.K. Singh committee without further scrutiny.
Learned counsel further placed reliance on the judgments of Hon'ble Apex Court in the case of K. Vijayalakshmi Vs. Union of India & Ors., reported in (1998) 4 SCC 37 and Roop Singh Negi vs Punjab National Bank & Ors., reported in (2009) 2 SCC 570. It was held that without availability of material, adverse decision should not be taken. At this stage, learned Senior Counsel Shri Ashok Gaur stated that if any of the petitioner indulged in unfair practice of cheating by impersonation in RPMT then this court can very well pass adverse order against them but it should be on a proper scrutiny and not in the manner, it has been done by the respondents by applying the inquiry report of P.K. Singh committee without further scrutiny.