Letter dated 7th July 2017 to C.G.A. for cancellation of re-examination for the candidates appeared of AAO (Civil) Examination, 2014
(RECOGNIZED BY GOVT. OF INDIA)
Central Office: - Address for Communication:-
16-A, Akbar Road Hutments, 17/2 – C, P & T Quarters,
New Delhi: - 110011 Kali Bari Marg,
No: - AICAEA/HQ/A-2/2017/ 530-60 Dated: 07.07.2017
Shri Anthony Lianzuala,
Controller General of Accounts,
Ministry of Finance,
Department of Expenditure,
4th Floor, GPOA, Block-E, INA,
New Delhi – 110023
Subject: Request for discontinuation of re-examination and immediate posting of the candidates qualified AAO (Civil) Examination, 2014.
Reference; - Our letter No: - AICAEA/HQ/A-2/2017/414-454 dated: 27.06.2017
I have been directed to invite your kind attention to the above and state that the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi while pronouncing the judgment on 6th July 2017 against the OA-2906/2016,MA-1259/2017, MA-2589/2016 with OA-1080/2017 and MA-1663/2017 (copy enclosed) stated the following in paras 6, 7 and 8 respectively:-
“6. On the basis of what is mentioned above, we are of the opinion that the impugned order dated 22.03.2017 of the respondents cancelling the examination conducted in October, 2014 is not sustainable on the basis of material that was available on record before the respondents. We, therefore, allow these OAs and set aside the impugned order. The applicants of OA-1080/2017, who are working as Accountants, shall be allowed to continue as such. The candidature of applicants of OA-2906/2016, who were successful in the examination for appointment as AAO shall be processed further and they be so appointed in accordance with the Rules, if otherwise eligible. They shall, however, be entitled to salary and seniority of the post of AAO only from the date of appointment as AAO.
7. We are aware that CBI investigation is under way in the above cases. In case further evidence comes to the notice of the respondents, this order shall not preclude them from cancelling examination based on the observations made above. The respondents, if so advised, may make the appointments offered to successful candidates as AAO subject to the outcome of CBI investigation. No costs.
8. MA-1259/2017 in OA-2906/2016 has been filed seeking stay of re-examination ordered by the respondents. In view of our orders in OAs above, re-examination would not be required. Hence, this MA has become infructuous and is disposed of as such.”
Further, the Hon’ble Central Administrative Tribunal Principal Bench has kindly made its observations in the paras 5.6 and 5.8 of the judgment in respect of the irregularities occurred in the AAO (Civil) Examination, 2014.
“5.6 We are, however, not convinced that cancellation of the exam was justified on the basis of material available to the respondents. In this regard, the law laid down by Hon’ble Supreme Court in the case of Inderpreet Singh Kahlon Vs. State of Punjab & Ors., (2006) 11 SCC 356 is that examination can only be cancelled when it comes to the notice of the authorities that the process was so tainted as to make it impossible or highly improbable to separate cases of tainted person from those of non-tainted persons. Apex Court has ruled that the interest of honest candidates needs to be protected. Further, in the case of Joginder Pal & Ors. Vs. State of Punjab & Ors., 2014 (6) SCC 644 Apex Court had laid down that the untainted and meritorious candidates should be segregated from the tainted candidates instead of cancelling the entire selection process. The same view has also been taken by the Apex Court in the case of UOI & Ors. Vs. Rajesh P.U., Puthuvalnikathu and Anr., (2003) 7 SCC 285. Further, in the case of East Coast Railway and Anr. Vs. Mahadev Appa Rao & Ors., (2010) 7 SCC 678 Apex Court had observed that if a test is cancelled on the basis of complaints of frivolous nature, particularly, made by those who had failed in the selection process, then no selection process can ever be finalized. Examination should be cancelled only when integrity of the exam is compromised. This view has also been taken in the case of C.P. Kalra Vs. Air India through its Managing Director, Bombay and Ors., 1994 SCC(L&S) 476.
5.8 In the instant case, we find that even if all the complaints received by the respondents were taken into consideration, it was possible for them to separate those candidates, whose conduct was suspicious from the remaining successful candidates. Merely because a larger number of candidates had cleared the examination as compared to previous years, conclusion cannot be drawn that unfair means had been used in the examination. Further…………….. In absence of any evidence …………conclusion drawn that unfair means have been used in the examination appears to be farfetched and figment of imagination. They could have been reason to suspect conduct of the employees of the office of Principal CCA, CBEC, New Delhi, whose answers were found to be identical. However, these candidates could have been easily separated from the rest instead of cancelling the examination.”
The above discussed judgment passed by the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi vindicates the contents of the demand No. 2 of our Charter of Demands discussed on 9th June 2017 in the formal meeting that was held between the official side of CGA office and the National Executive Members of All India Civil Accounts Employees Association.
Therefore, in reiteration of the requests made by us in our letter No: - AICAEA/HQ/A-2/2017/231 dated: 05.05.2017 and letter No. No: - AICAEA/HQ/A-2/2017/414-454 dated: 27.06.2017 respectively, we once again request you to-
1. Discontinue the re-examination being held from 6th to 9th July 2017.
2. Promote all candidates passed the AAO (Civil) Examination 2013 and 2014 immediately.
3. Maintain the promoted status of LDC candidates as Accountants who had been promoted from the date of examination after clearing four out of eight papers.
4. Identify the persons responsible for the irregularities in AAO (Civil) Examination 2014 and award appropriate punishments to them.
Enclo; as stated above
Copy to All Federal Executive Members of NFCAA and Branch Secretaries of AICAEA for information and necessary action.