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No relief to Custom House Agent exam supervisor who allegedly allowed mass copying

Bombay HC refuses to quash prosecution against Customs officer, who allegedly allowed mass copying during recruitment exams

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Almost 13 years after an examination for Custom House Agent, had to be cancelled as candidates were found to be involved in ‘mass copying’, the Bombay High Court, had refused to quash inquiry raised against the Supervisor of the exam who looked away and acted negligently.

A division bench of Acting Chief Justice V K Tahilramani and Justice M S Sonak, refused relief to Customs Appraiser,  S S Ahmed, who had challenged the issuance of charge-sheet to him in 2011. He claimed that the chargesheet, was issued after considerable delay.

The bench while rejecting the appeal said “In the present case, the charge pertains to mass copying which is grave enough to destroy the faith of the public in matters of selection to public posts. Upon cumulative consideration of the facts, circumstances as also the law we see no good ground to interfere with the impugned judgment and order made by the Central Administrative Tribunal (CAT).

Advocate Rui Rodrigues appearing for the Central Government, justified the delay in issuing the chargesheet by saying that the procedure to build up the case like recording witness statements, receiving hand writing expert opinion were awaited.

The court after going through the entire records, held “The cancellation of the examination was for the reason that such an examination was perhaps not necessary for recruitment of the Customs House Agents. Nevertheless, the fact remains that the department, had conducted such an examination and at such an examination, it was prima-facie found that there was mass copying. The role or the complicity, if any, of the petitioner in this incident, is a matter to be determined in the inquiry.”

The bench added, whether Ahmed was the supervisor or not such charge, is a matter for the inquiry officer to determine. However, it cannot be said that the charge is not a serious charge or that the charge cannot be pursued or need not be pursued merely because the examination itself was cancelled/quashed.

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