JUDGEMENT
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(1.) A selection process in the Department of Posts was called in question before us. Regular recruitment process was held. The unsuccessful candidates made several complaints about the irregularity, illegality and arbitrariness. They also complained about malpractice. The complaints centered on the kin of the officials of the Department of Posts. The Authority carried out an investigation initially by the Vigilance Department of Posts and after by High Power Committee. Ultimately, the Investigating Authority submitted their report and the issue was left to the Appointing Authority. The Authority decided to cancel the selection process. The successful candidates approached the Tribunal for quashing of such decision. The Tribunal considered the issue and ultimately upheld the selection process by observing that there was no sufficient material to annul the selection process. The Union of India approached us by filing applications challenging the order of the Tribunal. We heard the parties at length upon giving them opportunity of filing of affidavits. We examined the issue in detail. We examined the reports submitted by the Investigating Authorities. We also examined the credentials of the candidates placed before us as also other papers pertaining to the said selection process. We found many candidates having postal links getting abnormally high marks in aptitude test compared to their academic records. After hearing the parties at length and ignoring the minor infirmities, we lastly came to conclusion that at least in three cases, the allegation of mala fide and/or discrimination was apparent. The parties accepted the judgment. Those three candidates participated at the fresh selection process held in terms of our order. One of them became successful in retaining his appointment; the other two failed. They have now come up in review of our judgment and order by which we directed fresh consideration and the review applicants acted upon the same.
(2.) The applicants are Ms. Sormi Saha and Rajesh Kumar Gond. Sormi was the daughter of Nani Gopal Saha, who was holding the very high position in the Department of Posts. Her father's involvement in the selection process was apparent, for instance he signed the call letter addressed to her daughter by the Department of Posts.
(3.) In case of Rajesh, his father was the Deputy Director of Administration of the Department of Posts. He had withdrawn Rs. 30,000/- from his provident fund account on December 15, 2009, a date within the close proximity of his selection, as pointed out by the Investigation Authorities. Pertinent to note, while short listing, we not only considered the postal link but also abnormal withdrawals by their next to kin working and such withdrawal had a close proximity with their selection. Sormi was singled out for her father's direct involvement in the selection process. Considering each and every aspect, we could pin down three of them.;
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