JUDGMENT ASHIM KUMAR BANERJEE, J. 1. ALL the above matters pertain to a single selection process conducted by the Central Government in its Department of Post for appointment of Postal/Sorting Assistant. As per the recruitment process, forty per cent weightage was given to the result of the 10+2 examination without any bonus mark for higher qualification. Aptitude Test was for hundred marks carrying fifty per cent weightage. The Aptitude Test did not have any negative marking. The balance ten per cent was for Data Entry knowledge on computer and for typing a passage on computer in Hindi/English. 2. ACCORDINGLY, the authority issued a notification dated September 18, 2009 in respect of one hundred sixty eight vacancies of Postal Assistant in twenty-six divisions and twenty-two vacancies for the post of Sorting Assistant in six divisions. Ten posts for PA in Circle Office, six posts in S.B.C.O. and three posts of Postal Assistants for sports quota were also notified. Wide publicity was made in the print media inviting application for the post. ACCORDINGLY, examination was held. Altogether two hundred and seven successful candidates were selected for the post. Unsuccessful candidates lodged several complaints alleging irregularities. The Vigilance Division of the Directorate submitted a preliminary report. According to the report, the recruitment process appeared to have been tainted and was not free from doubt. The Department of Post vide letter dated July 8, 2010 directed appointments to be kept in abeyance. Chief Post Master General set up a Committee of three Post Master General and asked the Committee to submit a report. He also wrote a letter to the Superintendent of Police, CBI in this regard. The Committee zeroed down the complaints and observed that there were three principal allegations of irregularities which were :- (i) The selected candidates, though ranking low in terms of their performance in +2 examination (having 40% weightage in the selection criterion) scored unusually high marks in Aptitude Test. (ii) The selected candidates were related to senior officers of the Department or related to the leaders of the Service Unions of the Department. (iii) Big money was paid to the senior officers in the form of bribe to facilitate selection of such candidates. Out of two hundred seven candidates, fifty-seven were found to have relations already working with the Postal Department. (iii) Big money was paid to the senior officers in the form of bribe to facilitate selection of such candidates. Out of two hundred seven candidates, fifty-seven were found to have relations already working with the Postal Department. In RMS division the ratio of the selected candidates were forty five per cent as against twenty five per cent on other units having postal link. The Committee made a complete analysis on a comparative study of the marks obtained by the selected candidates in the 10+2 examination and the Aptitude Test. Several candidates were found securing more than eighty per cent marks in Aptitude Test having a postal link, however, their academic result did not have similar marking. Out of fifty-seven selected candidates having postal link, seventeen persons withdrew money either from their Provident Fund account or Credit Cooperative Society contemporaneously raising pointer to illegal gratification. One Monimoy Mukherjee, a Postal Peon was arrested having involved in illegal gratification. He was arrested on the basis of the complaint made by one Palash Guin. 3. THERE was one more serious feature that surfaced during investigation. One Sormi Saha was also successful in the process. Her father Nanda Gopal Saha was holding high position in Postal Department. Shri Saha belonged to Scheduled Caste whereas Sormi declared herself as a general candidate (O.C.). She got ninety per cent marks in Aptitude Test. Investigation further revealed that Shri Saha was involved in the recruitment process, the details of which we would be discussing little later. 4. IN the mean time, the selected candidates were categorized in three groups, one group got the appointment immediately. The second group was sent for training whereas the third group was yet to be touched. Most of the selected candidates approached the Tribunal independently inter alia praying for a direction upon the Postal Authority to give appointment in terms of the selection made. The Tribunal heard all the matters analogously and disposed of the same vide judgment and order dated February 4, 2011 appearing at pages 1 to 68 of the paper book. After scrutinizing the records including the report submitted by the vigilance and/or a special committee formed for the purpose, the Tribunal recorded the fact that CBI had already registered an FIR against Monimoy for demanding and accepting bribe and submitted chargesheet on that count. After scrutinizing the records including the report submitted by the vigilance and/or a special committee formed for the purpose, the Tribunal recorded the fact that CBI had already registered an FIR against Monimoy for demanding and accepting bribe and submitted chargesheet on that count. The Tribunal however, observed that the postman who was being prosecuted for demanding and accepting bribe was not charged with any offence of conspiracy, rather it was alleged that money was paid to him for purchase of Postal Certificates. 5. ON the irregularity in RMS wing, the Tribunal recorded that successful candidates had received ninety per cent or more in Aptitude Test. It was alleged, the paper setter leaked paper. Illegality and unfair means as recorded in the report vitiated the recruitment process. The Tribunal however, put emphasis on the fact that the examination was held properly. Neither leakage of question paper nor any involvement of evaluators could be found. There was no complaint regarding mass copying. However the key to the answers reached the successful candidates and dot marks would support such allegation. The Tribunal also recorded the observation of the Committee with regard to the veracity of the complaints. Considering both the aspects as well as the decisions cited at the Bar, Tribunal observed that the Central Vigilance Commission was not consulted on the report of the vigilance wing. 6. THE appointments were withheld during pendency of the investigation. THE enquiry conducted by the High Power Committee observed that the test was held properly. THEy also pointed out that phenomena of dot mark was also available in the answer scripts of unsuccessful candidates. Hence, it would be difficult to come to a definite conclusion. The Tribunal lastly observed that there was nothing on record to suggest that tainted cases, if any, could be segregated. Discussions in paragraph 55 and 56 therein, would lead to the conclusion that the action of the authority was with a pre-conceived notion. 7. THE Tribunal allowed the application and set aside the order of cancellation and/or withholding of the process of appointment. While doing so, the Tribunal directed payment of arrear salary along with interest at the rate of nine per cent per annum. Being aggrieved, the Union of India filed the above applications which we heard on the above mentioned dates. 7. THE Tribunal allowed the application and set aside the order of cancellation and/or withholding of the process of appointment. While doing so, the Tribunal directed payment of arrear salary along with interest at the rate of nine per cent per annum. Being aggrieved, the Union of India filed the above applications which we heard on the above mentioned dates. We heard the learned Additional Solicitor General, on behalf of the Union of India being assisted by Mr. Somenath Bose. We also heard Mr. Amjad Ali, Mr. L.K. Gupta, both senior advocates and Mr. Tapabrata Chakraborty, advocate for the respective batches of respondents. 8. THE learned Additional Solicitor General contended that the authority did not have any personal vendetta as against any of the candidates. Complaints poured in that prompted the authority to cause an investigation. Initially, the vigilance wing of the Postal Department carried out the investigation. They found prima facie justification in the complaint. THE Postal Authority made a written complaint to the CBI. Chief Post Master General appointed a High Power Committee consisting of three Post Master General who investigated into the complaints as summarized as above. The learned Additional Solicitor General strenuously argued that the evidence of dot marks on the answer scripts found by the Committee would clearly suggest and raise a pointer to the unfair practice being adopted in the recruitment process. 9. ELABORATING his argument, the learned Additional Solicitor General referred to few answer-scripts where we find faint dot marks on some of the answers. However, those marks were not always found on the right answers. The dot marks were found indiscriminately in the answer scripts of candidates, both successful and unsuccessful having postal link as well as outsider. 10. THE learned Additional Solicitor General contended that this Court should independently examine the report to find out whether there was any jurisdiction to stall the process of appointment. According to the learned counsel, merely because they were selected for the post would not give them any indivisible right to claim appointment, particularly the batches that are yet to get appointment. Per contra, the learned counsel for the respondents contended before us that the allegations were based on surmise and conjecture. There was no definite proof. The selection process was conducted in the year 2009. Up till date none except Monimoy Mukherjee was arrested. Mr. Per contra, the learned counsel for the respondents contended before us that the allegations were based on surmise and conjecture. There was no definite proof. The selection process was conducted in the year 2009. Up till date none except Monimoy Mukherjee was arrested. Mr. Mukherjee being a postal peon was arrested on the ground of accepting bribe. Such case was an isolated one and awaiting its disposal before the appropriate Criminal Court. On such ground, the entire selection process could not be quashed. The Tribunal approached the problem from the right direction that did not deserve any interference by this Court. 11. UPON hearing the rival contentions and upon examination of the records so annexed to the pleadings we attempted to zero down the scope of controversy. On July 29, 2011 we examined the records annexed to the pleadings. We also examined the photostat copies of one or two letters and/or documents so handed over in Court by the learned Additional Solicitor General with copy to the learned counsel for the respondents. On a combined scrutiny we found that out of fifty-seven successful candidates having postal link, postal relatives of seventeen withdrew heavy amounts from their respective Provident Fund and/or Credit Co-operative Society account contemporaneously. Out of those seventeen candidates we found three of them got high marks in Aptitude Test whereas their academic records were not so good. They were Mr. Raj Kumar Gond, Mr. Aritra Konar and Ms. Beauty Mukherjee. We also wanted to examine the case of Sormi as we found some justification in the finding of the Enquiry Committee in respect of Sormi. By an order of the said date we permitted those four candidates to file affidavit explaining their stand and adjourned the matter for further hearing. 12. ACCORDINGLY, the matter was adjourned. All four of them filed independent affidavits. Aritras father Debasis Konar also filed affidavits. We heard the matter again on August 2, 2011 and August 5, 2011 when we concluded the hearing and reserved our judgment. The allegations were serious in nature. The Committee found some justification in those allegations. However, the case lacked appropriate evidence to cancel the entire selection process in respect of two hundred three candidates (baring four of them as discussed above). The Tribunal observed that it was too difficult to segregate. The allegations were serious in nature. The Committee found some justification in those allegations. However, the case lacked appropriate evidence to cancel the entire selection process in respect of two hundred three candidates (baring four of them as discussed above). The Tribunal observed that it was too difficult to segregate. However, on a close scrutiny we could segregate four of them and asked them to file affidavits to remove our doubt. Accordingly, they filed affidavits. Let us now deal with those four cases. (i) Sormi Saha In respect of Sormi, the following observations of the Committee might be relevant : - Apart from the supervising officers and the invigilators, Vigilance observers were sent to each centre by the Circle Office (except for Port Blair Centre where the examination was conducted under the supervision of an officer deputed from the Circle Office). All the vigilance observers reported that the Aptitude test and the type test/computer data entry tests were carried out in a free and fair manner and no untoward incident took place. Answer books were despatched under Insured Letter Post to the concerned Examiners immediately after the examination was over. Recruitment committees were formed as prescribed and they carried out prescribed checking in respect of respective selection centres before preparation of final Select List. Sh N G Saha, SSRM, WB Dn sought an exemption from the recruitment process as his daughter ms Sormi Saha was one of the candidates in that Division. This exemption was granted and the selection committee in RMS WB Dn was headed by a Class I officer deputed from the Circle Office. 13. FROM the paragraph quoted (Supra), it would appear that her father was very much involved in the recruitment process. In course of hearing, we found that Sormi applied for the post in RMS Division on October 8, 2009. Such application was rejected being found defective. She sent another application to RMS Division on October 20, 2009 that was accepted being found in order. 14. HER father was nominated as a member of the Recruitment Committee. He resigned from the Committee on October 26, 2009, six days after his daughter submitted her second application. Moreover we find that he issued the Admit Card and/or hall permit for the Aptitude Test, Computer Test and Type Test to his daughter Sormi. The xerox copy of the hall permit was kept on record. He resigned from the Committee on October 26, 2009, six days after his daughter submitted her second application. Moreover we find that he issued the Admit Card and/or hall permit for the Aptitude Test, Computer Test and Type Test to his daughter Sormi. The xerox copy of the hall permit was kept on record. It further appears that although he was relieved of the responsibility on his asking, he again participated in the recruitment process in place of one of his colleagues who was on leave at the relevant time. From the records so discussed above, we cannot brush aside the definite allegation of involvement of Shri N.G. Saha in the recruitment process where her daughter got the appointment. Sormi claimed that she applied for all twelve divisions, however submitted twenty four applications meaning thereby, she was possibly cautioned because of the mistake committed by her in her first batch of applications. This could only be possible having Mr. Saha involved in the process. It was contended that the last date of filing of the application was October 28, 2009 whereas Shri Saha expressed his desire to be out of the Committee on October 26, 2009. Even if such fact is correct he could not have issued hall permit to her daughter on December 2, 2009 when he was looking after the process on behalf of one of his colleagues who was on leave at that time. An attempt was made to portray that she was also appearing for other divisions. Such submission is of no consequence in view of the fact that as per the recruitment rules the examinations for all divisions were conducted at a time. Even if a candidate applies for different divisions he or she would be considered only for the division in which he or she takes the test. In our view, Sormis selection was tainted in view of his fathers active participation in the recruitment process. She could not avoid such stigma. On the general impression and/or observation of the Tribunal that the selected candidates could not be segregated on the issue of illegality, we do not put our seal of approval on such finding of the Tribunal. Rajesh Rakesj Kumar Gond was having his father in the working in postal service. His father was the Deputy Director (Administration) in Calcutta, GPO. On the general impression and/or observation of the Tribunal that the selected candidates could not be segregated on the issue of illegality, we do not put our seal of approval on such finding of the Tribunal. Rajesh Rakesj Kumar Gond was having his father in the working in postal service. His father was the Deputy Director (Administration) in Calcutta, GPO. His father withdrew a sum of rupees thirty thousand from his Provident Fund account on December 15, 2009. Pertinent to note, the subject selection and/or recruitment process was had at that time. Rajesh tried to explain the withdrawal by saying that his father required the sum for purchase of grill in their house and the amount was paid to a contractor and the contractor gave a certificate to such extent. If we look at the educational background of Rajesh we would find that he could hardly secure thirty out of hundred in Mathematics in Board Examination. He got thirty-two in Physics out of which the substantial part came from the Physics practical as we found from his marksheet which was produced in Court. Rajesh did not pursue his study any further after passing out the Higher Secondary Examination. Rajesh got ninety four out of hundred in the Aptitude Test. Such mark in Aptitude Test is something unusual compared to his educational background discussed above. Father of Rajesh was holding high position in Postal Department. His father withdrew money from his GPF account at a time when the recruitment process was being finalized. Hence, all the three allegations for which the Committee investigated into the complaint are positive in case of Rajesh. Mr. Ali drew our attention to page 30 of the interim application wherein the Committee had observed that no co-relation could be found between the performance of the candidates in +2 examinations and the Aptitude Test in general. Some of the candidates scored unusual high marks in Aptitude Test vis a vis their performance in +2 examination. But Committee however observed that such unusual situation was prevalent in case of successful candidates having postal link or otherwise. We are of the view that such observation of the Committee could not absolve Rajesh out of the suspicion. 15. WE have given a cursory glance to the comparative study of the respective markings of the successful candidates. But Committee however observed that such unusual situation was prevalent in case of successful candidates having postal link or otherwise. We are of the view that such observation of the Committee could not absolve Rajesh out of the suspicion. 15. WE have given a cursory glance to the comparative study of the respective markings of the successful candidates. On a close examination we could segregate four candidates whose results were positive in respect of all the three allegations and gave them opportunity to file affidavit to explain. Rajesh, in our view, could not remove the doubt that raises suspicion in our mind. 16. ARITRA Both Sormi and Rajesh were working after being engaged and belonged to the first group. However ARITRA was not favoured with any appointment as yet. His father was working as Sorting Assistant in RMS, West Bengal division. His father withdrew a sum of rupees one lakh from his GPF account. The date of withdrawal was however not stated. ARITRA justified the withdrawal by giving particulars of the expenditure which are as follows :- (i) Purchase of one plot of land in the name of his brother Arnab Konar Rupees five thousand. (ii) Purchase of one submersible pump rupees sixty thousand. (iii) Deposit in the savings bank account of the father at P.N.B., G.T. Road, Burdwan Rupees thirty five thousand. On examination of the said affidavit this Court made a verbal observation that how money could be withdrawn from G.P.F. account as loan and deposited in savings bank account. Reacting to such observation Aritras father promptly came with another affidavit by himself where he disclosed that out of one lakh he invested rupees five thousand for purchase of land as claimed by Aritra and rupees sixty thousand for purchase of submersible pump. In addition he stated that a sum of rupees eleven thousand had to be spent on account of medical expense of his wife who had undergone an operation on December 8, 2009 at Night Angel Nursing Home. He also stated that sum of rupees twenty four thousand three hundred eighty one was spent on account of getting electricity connection for installation of the submersible pump. The father and son thus gave a complete contrary view. Aritra got 73.08 % marks in +2 examination. From the marksheet it appears that he had no subject like Mathematics or Physics. He also stated that sum of rupees twenty four thousand three hundred eighty one was spent on account of getting electricity connection for installation of the submersible pump. The father and son thus gave a complete contrary view. Aritra got 73.08 % marks in +2 examination. From the marksheet it appears that he had no subject like Mathematics or Physics. He was having combination of Geography, Sanskrit, Economics and Biological Science. Aritra got 88 in Aptitude Test. In case of Aritra out of three tests the result of two tests are positive having postal link followed by abnormal withdrawal from GPF account. It is true that his marking in Aptitude Test and the Higher Secondary Examination are in the close proximity. However on the contradictory version of spending of the withdrawn sums our doubt becomes grave. 17. WE asked for copies of the marksheet. Hence, Aritra filed the marksheet of West Bengal Board Examination, class ten examination. WE find that he got fifty-two out of hundred in Mathematics that also does not support his result in Aptitude Test. Beauty Mukherjee Beautys father Bipod Taran Mukherjee is also working in Postal Department. 18. SHE however did not disclose the designation of his father. His father withdrew a sum of rupees 1.3 lacs from his GPF account. Beauty explained the expenditure by saying that his brother was studying in a private engineering college attracting substantial sums as tuition fees. She is also undergoing study in graduation in another private college. From the marksheet we find that she got sixty seven per cent marks in Higher Secondary Examination having Humanities subjects. SHE is studying graduation with honors. SHE got 62.6 per cent in Aptitude Test that does not have any unusual co-relation. Hence despite having postal link we wish to give Beauty a benefit of doubt in absence of any unusual co-relation in the marking and some explanation with regard to the expenses. The issue of withdrawal of abnormal sums relevant for seventeen candidates having postal link would suggest illegal gratification. In fact CBI, as referred to above, arrested one postal peon. Since we are not satisfied with the explanation offered by Aritra and Rajesh abnormal withdrawal of money by their parents would certainly raise a pointer towards illegal gratification. 19. The issue of withdrawal of abnormal sums relevant for seventeen candidates having postal link would suggest illegal gratification. In fact CBI, as referred to above, arrested one postal peon. Since we are not satisfied with the explanation offered by Aritra and Rajesh abnormal withdrawal of money by their parents would certainly raise a pointer towards illegal gratification. 19. WE thus come to the conclusion that out of two hundred seven candidates we could not convince ourselves to put our seal of approval to the judgment and order of the Tribunal upholding the selection process in case of three candidates namely Sormi, Rajesh and Aritra. We have explained the reasons. We intend to give benefit of doubt to other two hundred four candidates amongst them substantial numbers already got appointment and are serving the Department, the rest of which are either undergoing training or waiting for their turn to go for training. It is true that the two investigative agencies investigated into the complaints zeroed down the principal allegations and thereafter made a detailed study of the entire selection process. They ultimately came to finding that there had been irregularities and/or illegalities, yet they could not pin point the actual illegality and/or irregularity conducted in the process in absence of sufficient evidence. 20. A selection process was had as per the rules. The candidates participated in the process and were ultimately selected for the post. Some of them got the appointments and are working. The second batch is undergoing training leaving a few who are yet to be trained. It would not be proper for the Court to cancel the entire selection process particularly when the Committees could not find as any concrete evidence as observed by them in the reports discussed above. The Tribunal ultimately came to a finding that the Department erred in canceling the recruitment process. Tribunal allowed the applications and set aside such decision of the Department and in our view, very rightly. We however join issue when Tribunal directs payment of full salary to all the candidates including interest. The candidates who worked and are working in the post must get their salary as per rules. Tribunal allowed the applications and set aside such decision of the Department and in our view, very rightly. We however join issue when Tribunal directs payment of full salary to all the candidates including interest. The candidates who worked and are working in the post must get their salary as per rules. The candidates who already participated in training course and are still undergoing training course or completed training they must also get appropriate remuneration and/or allowances available for such purpose as if there was no order of restraint by the order of the Department. We fail to reason as to how the last batch of candidates who were merely selected and were neither appointed nor trained, could be paid their salary. Similarly, we are of the view that the issue was long pending and awaiting decision from the court of law. Hence, it would not be proper to direct payment of interest on the outstanding sums. 21. WITH regard to Sormi, Aritra and Rajesh our conscience pricks as observed hereinbefore. We are not in a position to put our seal of approval to their selection. At the same time we cannot overlook the fact that Sormi and Rajesh are working in the post. We direct the Chief Post Master General to interview all the three (Sormi, Rajesh and Aritra) and if they deserve such appointment they should be given appointment and/or confirmation, as the case may be. In any event Sormi and Rajesh must be paid their outstanding salary, if any, due to them. The entire process must be completed with a period of eight weeks from the date of communication of this order. 22. THE candidates who already got appointment and are still working would be paid their outstanding wages, if any, without any interest. They would be paid within a period of eight weeks from the date of communication of this order. Similarly the candidates who have already undergone training and/or are still undergoing training would be paid their training allowances, if any, due to them within the stipulated period as aforesaid. The order of the Tribunal quashing the order of cancellation of the recruitment process stands set aside in respect of Sormi, Rajesh and Aritra and stands confirmed in respect of others. All the said three candidates would be interviewed by the Chief Post Master General as directed above. The order of the Tribunal quashing the order of cancellation of the recruitment process stands set aside in respect of Sormi, Rajesh and Aritra and stands confirmed in respect of others. All the said three candidates would be interviewed by the Chief Post Master General as directed above. The judgment and order of the Tribunal impugned herein is modified accordingly. The applications are disposed of without any order as to costs. Urgent Photostat copy will be given to the parties, if applied for.