New
Delhi, December 20, 2024
The
Central Administrative Tribunal (CAT), Principal Bench, New Delhi, has quashed
the lifetime debarment of Mandeep Singh, a Lower Division Clerk (LDC) aspirant,
imposed by the Delhi Subordinate Services Selection Board (DSSSB) on
allegations of impersonation.
The
Tribunal, comprising Hon’ble Dr. Sumeet Jerath (Member A) and Hon’ble Ms.
Harvinder Kaur Oberoi (Member J), held that the DSSSB’s orders dated 02.09.2021
and 21.10.2021, which debarred Singh from all future exams and cancelled his
candidature, were issued in violation of principles of natural justice, without
affording him a proper hearing.
Mandeep
Singh, 28, had applied for the LDC post advertised in 2013 (Post Code 51/13)
and participated in the written exam in 2019 and subsequent skill test in 2021.
The DSSSB later alleged discrepancies in his biometric data, leading to a
lifetime ban. Singh, however, maintained he had duly appeared for all tests and
had even alerted authorities proactively in March 2021 regarding a mole
difference in his photographs to prevent confusion.
Noting
inconsistencies in the DSSSB's reliance on a biometric report submitted by
private agency EDCIL, the Tribunal observed that the fingerprint match score
varied drastically, from 0 to a perfect 100, raising questions about the
accuracy and reliability of the report.
In
a conciliatory approach during the hearing, the DSSSB and EDCIL offered to
re-verify the applicant’s biometric credentials using TCS (Tata Consultancy
Services) as their technical advisor. The applicant agreed to this proposal.
Accordingly,
the Tribunal directed DSSSB and EDCIL to complete a fresh biometric and
photographic verification within six weeks. If the data match and Singh is
found eligible on merit and medical grounds, he shall be appointed to the LDC
post with notional seniority and benefits, except for arrears of pay, applying
the ‘no work, no pay’ principle.
The
judgment is expected to impact the way biometric discrepancies are handled in
recruitment processes and reaffirms the importance of procedural fairness.
[Mandeep
Singh Vs. DSSSB & Ors., O.A No. 2648/2021, decided on 2012.2024, Central
Administrative Tribunal (CAT), Principal Bench, New Delhi]
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