- (1.) HEARD learned counsel for the appellant and Sri P.S. Baghel, learned Senior Counsel for the Uttar Pradesh Public Service Commission.
(2.) THE appellant filed a writ petition giving rise to the present appeal assailing the order passed by the Examination Committee, U.P. Public Service Commission in relation to the action taken by the U.P. Public Service Commission (hereinafter referred to as 'the Commission') debarring the appellant for a period of three years from appearing in any of the examinations conducted by the Commission. THE Union Public Service Commission on account of the alleged misconduct has also taken a similar action. The allegations against the appellant are that while appearing in one of the examinations conducted by the Commission on 4th August, 2009, he had not submitted the answer book and that he allegedly escaped with the answer book from the examination hall. A report was submitted by two Invigilators namely Ram Chandra Dwivedi and Ram Pher Yadav on the same day and on the basis of the said report, the appellant was issued a show cause notice calling upon him to explain as to why the proposed punishment be not imposed against him. The appellant submitted a reply to the said show cause notice whereafter the orders impugned challenged in the writ petition, were passed rejecting his explanation. Learned counsel for the appellant submits that the procedure adopted by the respondents is contrary to law and the same does not empower them to impose a punishment debarring a candidate for a period of three years. The entire procedure adopted in conducting the enquiry is in violation of principles of natural justice, inasmuch as, the appellant was not supplied with any material on the basis whereof the impugned order was passed nor was he allowed to cross- examine the two invigilators who had submitted the report on the basis whereof the punishment has been imposed.
(3.) SRI PS. Baghel, learned Senior Counsel for the Commission has produced a copy of the Instructions promulgated by the Commission for the candidates to be observed for the purposes of examinations and Clause 7 and Clause 8 of the said Instructions are reproduced herein below. JUDGEMENT_789_ADJ1_2011Image1.jpg On the basis of the said Instructions and in view of the provisions of Section 3 of the Uttar Pradesh Public Service Commission (Regulation and Procedure) Act, 1985 read with the schedule appended thereto, the Commission is empowered to conduct an enquiry under a statutory rule and impose such punishment as defined therein.;