LexUNION OF INDIA AND ORS. versus O. CHAKRADHAR
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UNION OF INDIA AND ORS. A v. O.CHAKRADHAR FEBRUARY 19, 2002 (G.B. PATTANAIK AND BRJJESH KUMAR, JJ.] B Service Law: Termination-Railways-Junior Clerk-cum-Typist-Recruitment- Irregularities in selection process-Termination of services of entire selected C candidates without issuing individual show cause notices-Validity of-Held, where the irregularities committed in selection so widespread and all pervasive that it is difficult to pick out the persons who have been unlawfally benefited or wrongfully deprived, it will neither be possible nor necessary to issue individual show cause notices-Thus, Railway Board was justified in cancelling D the entire selection process-Constitution of India- -Article 311. The Railway Recruitment Board issued an advertisement for recruitment to the post of Junior-Clerk-cum-Typist and in pursuance of the selection, respondent was appointed. Subsequently, the Railway Administration passed an order terminating the services of entire selected E candidates on the ground that serious irregularities had been committed in conducting the examination. Respondent whose service was also terminated filed a petition before the Central Administrative Tribunal. Tribunal set aside the termination order holding that general allegation of irregularities in the recruitment process was not enough to take a decision to cancel the whole F selection without issuing proper show cause notice to the individual candidates. Appellant's appeal before the High Court was dismissed. Hence the present appeal. On behalf of the appellants it was contended that in a case where irregularities committed in the process of selection were all pervasive vitiating G the whole selection, in that event there was no requirement that each selectee, be served with individual show cause notice before cancelling the whole selection. Allowing the appeal, the Court 1091 H 1092 SUPREME cm:Rr REPORTS 12002] I S.C.R. A HELD: I.I. The Railway Board's decision to cancel the selection cannot be faulted with. Thus, the orders passed by the Tribunal and the High Court are set aside and the order of termination of the services of the respondent is upheld. (1098-F-G) 1.2. The nature and the extent of illegalities and irregularities committed B in conducting a selection will have to be scrutinized in each case \Oas to come to a conclusion about future course of action to be adopted in the matter. If the mischief played is so widespread and all pervasive, affecting the result, so as to make it difficult to pick out the persons who have been unlawfully benefited or wrongfully deprived of their selection, in such cases it will neither • C be possible nor necessary to issue individual show cause notices to each • selectee. The only way out would be to cancel the whole selection. Motive behind the irregularities committed also has its relevance. [1096-E) 1.3. In the instant case, as per the report of the CBI whole selection smacks of malafide and arbitrariness. All norms are said to have been violated D with impunity at each stage viz. right from the stage of entertaining applications, with answer-sheets while in the custody of Chairman, in holding typing test, in interview and in the end while preparing final result. In such circumstances it may not be possible to pick out or choose any few persons in respect of whom alone the selection could be cancelled and their services E in pursuance thereof could be terminated. The illegality and irregularity are so inter-mixed with the whole process of the selection that it becomes impossible to sort ont right from the wrong or vice vena The result of such a selection cannot be relied or acted upon. It is not a case where a question of misconduct on the part of a candidate is to be gone into but a case where those who conducted the selection have rendere<. it wholly unacceptable. Guilt F of those who have been selected is not the question under consideration but the question is could such selection be acted upon in the matter of public employment. It is to not of those cases where it may have been possible to issue any individual notice of misconduct to each selected and seek his explanation in regard to the large scale widespread and all pervasive illegalities G and irregularities committed by those who conducted the selection which may of course possibly be for the benefit of those who have been selected but there may be a few who may have d
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