- (1.) These intra-court appeals have been preferred in the matter of dismissal of the appellants from the post of Constable/General Duty, Central Reserve Police Force, examination for which was held in the year 2002-03. On investigation by the Central Bureau of Investigation, it was found that there were large scale manipulations in allotment of marks. The marks obtained by appellants in examination were increased and the candidates who had passed the examination, were declared fail by decreasing their marks. The candidates who did not get even the pass marks, were declared pass by increasing their marks, manipulating the result-sheets and even the answer- sheets. The appellants were the beneficiaries of the manipulations so done, otherwise they were not to be in the merit list of the candidates selected. Such was the conclusion of the Central Bureau of Investigation, on the basis of thorough investigation done in the case. Considering the report; the material collected by the Central Bureau of Investigation and the fact that the marks were obtained by the candidates by manipulation, a decision was taken by the respondents to dismiss the appellants from service, after dispensing with the inquiry for the reasons recorded in the order of termination of services.
(2.) The recruitment for the post of Constable/General Duty, CRPF was held at Ajmer (Rajasthan) during the year 2002-03. Information was furnished that the members of the Recruitment Board at Ajmer Centre have manipulated marks of answer sheets of candidates to extend undue favour/disfavour to them. A joint surprise check was conducted by the officers of CBI branch and CRPF authorities at Group Centre-I CRPF Ajmer where all records of recruitment were kept. After scrutiny of the record it was found that marks of 14 candidates were reduced by the board as a result of which they have been declared fail in the written test. The investigation further revealed that 118 candidates who could pass the written test, by way of manipulation of marks by the Recruitment Board, were subjected to medical examination of GC II, CRPF, Ajmer out of which 70 candidates could not get through it. The CBI investigation also reveals that 118 candidates as per marks awarded in initial evaluation as per their performance in the written test had either not secured minimum pass marks or were not figuring in the merit list of candidates to be selected. In order to put these candidates in the merit list, the members of the recruitment board made manipulations in their answer-sheets and increased their marks. The candidates had ticked wrong choices in Part 'A' of question paper, but during manipulation ticks have been made on right choices with different pen and style and marks were also added. Marks were also given on wrong answers in the objective type questions so as to increase the marks initially awarded, enabling the candidates to cross the passing marks and the marks of the pass candidates were increased so as to place them in the merit list. The CBI has launched a prosecution against the members of the board, who were found responsible for the manipulations.
(3.) In the back-drop of the aforesaid factual matrix, a decision was taken to dispense with the departmental inquiry by serving written charge under the CRPF Rules, 1955 (hereinafter referred to as, 'the Rules of 1955'). It was opined that holding of enquiry is not reasonably practicable since all 107 candidates are posted in different battalions at various places all over the country and it was not possible to collect them at one place. It was also not possible to draw common proceedings because a regular departmental enquiry requires detailing of Enquiry Officers, the availability of Defence Assistant for each delinquent involving huge expenditure on the State exchequer; considering the pros and cons of the case; the report of the CBI and the options available, it was decided to invoke provisions of Rule 27 (cc)(ii) of the Rules of 1955 and penalty of removal from service was imposed upon appellants by similarly worded orders passed in the year 2006. The orders were assailed by the appellants by way of filing writ petitions before the Single Bench. The writ petitions have been dismissed by a common order dated 9.5.2007 by the Single Bench of this court. Aggrieved thereby, these intra-court appeals have been preferred.;