TMI Blog1998 (3) TMI 682X X X X Extracts X X X X X X X X Extracts X X X X ..... volunteered in response to a notification issued by the Chief Personnel Officer, Southern Railway, dated 16-9-1991 for filling up the vacancies for the post of Assistant Personnel Officer (Group B) against 25% quota reserved for Limited Departmental Competitive Examination for the year 1990. No doubt, the appellant was successful in the preliminary examination and also in the main written examinat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at she and also two others had adopted unfair means in the examination and after issuing show-cause notice and after verifying the unfair means practised by the appellant and others by taking the opinion of experts, namely, the experts in the Forensic Department of Tamil Nadu Government, it was held proved that the appellant had adopted unfair means in the written examination. Consequently, the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t had stated as follows: Regarding the grounds contained in para (d), it is submitted that the answer-books were sent for expert opinion to Forensic Science Department of the Government of Tamil Nadu. They sought permission to open the answer-books before they could give a conclusive opinion and necessary permission was given in writing. As only expert opinion was obtained, the same was not sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is not relevant, especially when the irregularities committed by her have been established, her standing first in the written test has no relevance. The independent agency, i.e., the Department of Forensic Science of Government of Tamil Nadu had also proved that the answer-sheets had been replaced. Thus the findings of the Vigilance Department have ample support from the Forensic Science Departm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed. 7. Accordingly, the order of the Tribunal as well as the order of the General Manager confirmed by the appellate authority are set aside and the matter is remanded back to the original authority and if the Department so desires, it can proceed further in the matter after supplying all the relevant documents to the appellant on which they propose to place reliance for taking further action ..... X X X X Extracts X X X X X X X X Extracts X X X X
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