T. Pragasam vs The General Superintendent, Ennore Thermal Power Station, Madras 57 and another

Padmanabhan, J.—The petitioner is employed as a junior assistant in the Tamil Nadu Electricity Board. He is working in the Ennore Thermal Power Station, Madras. On 15th November, 1975 he appeared for the special test examination conducted by the Tamil Nadu Public Service Commission. Before the commencement of the examination certain books were seized from the petitioner by the officer of the Tamil Nadu Public Service Commission during the surprise inspection of the examination hall. Thereafter, a show cause notice was issued to the petitioner. The show cause notice called upon him to explain why he should not be proceeded against in respect of the following charge: It is brought to the notice of the undersigned that T. Prakasam, junior assistant had resorted to malpractice in the examination hall while appearing for the special test on 15th November, 1975 by making use of unauthorised books or notes. Thiru Prakasam has thus violated the Instructions Nos. 21 and 22 of the Instructions to the candidate appearing for the special test examination.

The petitioner submitted an explanation in the explanation he stated that he was reading the book ''Account Test for Subordinate Officers, Part 1, Questions and Answers, published by the Account Test Institute'' Madras in the examination hall before the commencement of the examination and the book was taken away from him even before the examination. He further stated that he had absolutely no intention of making use of the book during the examination. An enquiry was held in the enquiry no witnesses were examined. Before the enquiry the petitioner''s statement was taken to the effect that he had already given a detailed explanation on 1st March, 1977 in respect of the charge and that he had no intention to copy in the examination by using the printed notes. The committee has stated as follows in the course of the enquiry report.

On a perusal of his explanation, dt. 1st March, 1977 of Thiru T. Prakasam, it is seen that on 15th November, 1975, he entered the examination hall at 9.50 a.m. and was refreshing himself for the examination using the printed notes. The printed notes has been confiscated by the officer of the Tamil Nadu Public Service Commission during the surprise inspection of the examination hall at 9.55 a.m.

It is admitted that the examination commenced only at 10 a.m. The committee has further observed as follows--

Even though he has no intention of using the printed notes for copying in the examination hall, it is still proved that even to refer the notes inside the hall, before the commencement of the examination is a violation of the instructions to candidates. In view of the above, the charge framed against Thiru T. Prakasam is proved and hence found guilty.

The report was accepted by the punishing authority and the punishment of stoppage of next increment with cumulative effect was imposed. The appeal filed by the petitioner to the General Superintendent, Ennore Thermal Power station was also dismissed and hence the writ petition.

From the above narration of facts it would be seen that the charge framed against the petitioner stated that he had made use of unauthorised books or notes during the examination and violated Instructions Nos. 21 and 22 of the Instructions to the Candidates. Rule 21 reads thus--

The use of books containing notes or commentaries will not be permitted

R.22 states that the use of guides, digests, summaries, catechims etc., will not be allowed. The relevance of Rr. 21 and 22 can be seen when R. 14 is read. R. 14 states that the use of books will be allowed in answering all the papers in all the tests except the translation test, the papers on general principles in the I.P.C. and the Crl.P.C. and Criminal Judicial Test, Part I. Books other than those prescribed for a test will not be allowed in answering the paper or papers in that test. R. 15 states that candidates should bring their own books with them for purpose of answering the question papers in the tests in the case of which the use of books is allowed. It will therefore be seen that when Rr.21 and 22 use the words ''the use of books'' they meant that books containing notes or commentaries will not be allowed to be used during the examination. They do not prohibit such books being taken into the examination hall prior to the examination. The rule which prohibits the taking of the books other than those authorised into the examination hall is R. 23. No charge is framed against the petitioner for violation of R. 23. In the circumstances, the enquiry officer''s finding that the petitioner has violated R. 23 by introducing unauthorised books in the examination hall cannot stand in the absence of a charge to that effect. Further, the petitioner has not admitted that he had committed violation of Rr. 21 and 22. On the other hand, he has clearly stated that he had not made use of the books. He had no intention of making use of the books in the examination that was taken (sic) by him. Admittedly, the books were also removed from him before the examination commenced in the circumstances, the finding of guilt entered against the petitioner by the punishing authority as well as the Appellate Authority based on the finding of the enquiry committee cannot stand. The impugned orders are quashed, and the writ petition is allowed, but in the circumstances without costs.