ASHIM KUMAR BANERJEE, J. - (1.) ALL the above matters pertain to a single selection process conducted by the Central Government in its Department of Post for appointment of Postal/Sorting Assistant. As per the recruitment process, forty per cent weightage was given to the result of the 10+2 examination without any bonus mark for higher qualification. Aptitude Test was for hundred marks carrying fifty per cent weightage. The Aptitude Test did not have any negative marking. The balance ten per cent was for Data Entry knowledge on computer and for typing a passage on computer in Hindi/English.
(2.) ACCORDINGLY, the authority issued a notification dated September 18, 2009 in respect of one hundred sixty eight vacancies of Postal Assistant in twenty-six divisions and twenty-two vacancies for the post of Sorting Assistant in six divisions. Ten posts for PA in Circle Office, six posts in S.B.C.O. and three posts of Postal Assistants for sports quota were also notified. Wide publicity was made in the print media inviting application for the post. ACCORDINGLY, examination was held. Altogether two hundred and seven successful candidates were selected for the post. Unsuccessful candidates lodged several complaints alleging irregularities. The Vigilance Division of the Directorate submitted a preliminary report. According to the report, the recruitment process appeared to have been tainted and was not free from doubt. The Department of Post vide letter dated July 8, 2010 directed appointments to be kept in abeyance. Chief Post Master General set up a Committee of three Post Master General and asked the Committee to submit a report. He also wrote a letter to the Superintendent of Police, CBI in this regard. The Committee zeroed down the complaints and observed that there were three principal allegations of irregularities which were :- i) The selected candidates, though ranking low in terms of their performance in +2 examination (having 40% weightage in the selection criterion) scored unusually high marks in Aptitude Test. ii) The selected candidates were related to senior officers of the Department or related to the leaders of the Service Unions of the Department. iii) Big money was paid to the senior officers in the form of bribe to facilitate selection of such candidates. Out of two hundred seven candidates, fifty-seven were found to have relations already working with the Postal Department. In RMS division the ratio of the selected candidates were forty five per cent as against twenty five per cent on other units having postal link. The Committee made a complete analysis on a comparative study of the marks obtained by the selected candidates in the 10+2 examination and the Aptitude Test. Several candidates were found securing more than eighty per cent marks in Aptitude Test having a postal link, however, their academic result did not have similar marking. Out of fifty-seven selected candidates having postal link, seventeen persons withdrew money either from their Provident Fund account or Credit Cooperative Society contemporaneously raising pointer to illegal gratification. One Monimoy Mukherjee, a Postal Peon was arrested having involved in illegal gratification. He was arrested on the basis of the complaint made by one Palash Guin. There was one more serious feature that surfaced during investigation. One Sormi Saha was also successful in the process. Her father Nanda Gopal Saha was holding high position in Postal Department. Shri Saha belonged to Scheduled Caste whereas Sormi declared herself as a general candidate (O.C.). She got ninety per cent marks in Aptitude Test. Investigation further revealed that Shri Saha was involved in the recruitment process, the details of which we would be discussing little later.
(3.) IN the mean time, the selected candidates were categorized in three groups, one group got the appointment immediately. The second group was sent for training whereas the third group was yet to be touched. Most of the selected candidates approached the Tribunal independently inter alia praying for a direction upon the Postal Authority to give appointment in terms of the selection made. The Tribunal heard all the matters analogously and disposed of the same vide judgment and order dated February 4, 2011 appearing at pages 1 to 68 of the paper book. After scrutinizing the records including the report submitted by the vigilance and/or a special committee formed for the purpose, the Tribunal recorded the fact that CBI had already registered an FIR against Monimoy for demanding and accepting bribe and submitted chargesheet on that count. The Tribunal however, observed that the postman who was being prosecuted for demanding and accepting bribe was not charged with any offence of conspiracy, rather it was alleged that money was paid to him for purchase of Postal Certificates.;