High Court of Judicature at Allahabad
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Railway Recruitment Board Thru' Chairman & Ors. v. Central Administrative Tribunal & Another - WRIT - A No. 19400 of 2005  RD-AH 20847 (11 December 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This petition has been filed against the impugned judgment and order dated 25th May, 2004 by which the Original Application filed by the respondent no.2 has been allowed.
Large number of issues have been agitated before the learned Tribunal as well as before this Court including the issue of jurisdiction but the fact remains undisputed and undeniable that the order had been passed by the present petitioners against the said respondent cancelling his result and debarring him from appearing in the examination without giving any show cause notice.
In such a fact situation, it was not permissible to the petitioners to pass such an order without holding an enquiry and giving opportunity of hearing to the said respondent.
We, therefore, do not find any infirmity in the judgment and order of the learned Tribunal but leave it open to the petitioners to hold an enquiry permitting and giving opportunity to respondent no.2 to participate in that and pass an appropriate order. The proceedings, if so taken may be concluded within three months.
Sri D.S.P. Singh appears for the respondent no.2.
Subject to the observations made above, the writ petition is dismissed.
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