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2001 DIGILAW 144 (JHR)

B. Akala (Balaswamy Akala) v. Union Of India

2001-02-20

M.Y.EQBAL

body2001
ORDER M.Y. Eqbal, J. 1. Heard Mr. A.K. Sinha, learned Sr. counsel appearing for the petitioner, Mr. B. Mohanti, learned counsel appearing for respondent No. 4 and Mr. N.N. Sinha, learned Standing Counsel, Central Government. 2. The petitioner has challenged the impugned order dated 14.2.2001 issued by the Under Secretary to the Government of India whereby and where-under respondent No. 4, Mr. N.K. Shar-ma has been made as Acting in charge of Chairman-cum-Managing Director, Coal India Limited and further for a writ in the nature of mandamus commanding upon the respondents to appoint the petitioner as regular Chairman-cum-Managing Director of Coal India Ltd. 3. It appears that on 1.10.2000 the post of Chairman, Coal India Limited became vacant after retirement of Mr. P.K. Sengupta. The respondent Nos. 1 to 3 proceeded with the selection process for the aforesaid post and a panel of selected candidates was prepared in June, 2000 wherein the petitioner was placed at Serial No. 1 while respondent No. 4 was placed at Serial No. 2 petitioners case is that one Mr. S.K. Verma who was not selected, filed a writ petition in Delhi High Court challenging the said selection of the petitioner and the said writ application was dismissed. In the meantime, one Mr. C.A. Araha was given additional charge of Chairman, Coal India Ltd. for three months or till fresh appointment in terms of the order dated 29.9.2000. When the petitioner, being selected and placed at serial No. 1, was not appointed as Chairman, he filed CWJC No. 4300/2000 seeking a writ of mandamus directing the respondents to appoint him as Chairman- cum-Managing Director of Coal India Ltd. The said writ application was dismissed on 20.2.2000 with certain observations. When the petitioner, being selected and placed at serial No. 1, was not appointed as Chairman, he filed CWJC No. 4300/2000 seeking a writ of mandamus directing the respondents to appoint him as Chairman- cum-Managing Director of Coal India Ltd. The said writ application was dismissed on 20.2.2000 with certain observations. For better appreciation the operative portion of the order reads as under :-- "So far the first relief claimed by the petitioner for issuance of appropriate writ directing the concerned respondents to give effect to the recommendation for appointment of the petitioner to the post of Chairman, Coal India Ltd. is concerned, I am of the view that this Court cannot issue writ of mandamus or any other writ directing the Union of India to appoint the petitioner to the post of Chairman, Coal India Ltd. It is well-settled that a mere selection or inclusion of name in the panel of selected candidates does not confer any right to appointment, but the appointing authority must give reasonable explanation for non-appointment. However, when the selection process for appointment to the post of Chairman, Coal India Ltd. has been initiated by the respondents, it is desirable that the respondent-Union of India should fill up the post of Chairman, Coal India Ltd. in accordance with law expeditiously. So far the prayer made by the petitioner for quashing the order dated 12th December, 2000 whereby the petitioner had the concerned respondent have been transferred and posted as C.M.D. in different subsidiaries of Coal India Ltd., I am of the view that the concerned respondents have every right to transfer one CMD from one subsidiary to another subsidiary. Learned counsel for the petitioner very fairly submitted that the petitioner has joined his transferred post and, therefore, he has no grievance. No relief, therefore, can be granted to the petitioner in this writ application, which is dismissed with the aforesaid observations.", 4. Aggrieved by the said order the petitioner filed LPA No. 16/2001. The appellate Court comprising of Honble the Chief Justice issued notices to the respondents in order to know their stand as to why the appointment was not being made to the post of Chairman, Coal India Ltd. on 7.2.2001 the learned Additional Solicitor General of India appeared before the Division Bench of this Court and made certain statements. On the basis of that statement the petitioner withdrew the appeal. On the basis of that statement the petitioner withdrew the appeal. The order dated 7.2.2001 passed by the Division Bench of this Court reads as under : "Mr. Mukul Rohatgi, learned Additional Solicitor General of India appearing on behalf of the respondents has made a statement before us that the proposal with regard to appointment of the appellant as Chairman, Coal India Ltd. is pending consideration before the Appointing Committee of Union Cabinet and that, no final decision, this way or the other, has been taken by the ACC. He submitted that the appellant, therefore, has no cause or reason to come up at this stage and the writ petition filed by the appellant was" premature. Mr. Verghese, learned Senior Counsel appearing for the appellant on the basis of the aforesaid statement of the learned Additional Solicitor General of India wants to withdraw the appeal with liberty to approach this Court again, if a fresh cause of action accrues to his client. Based on the aforesaid statement and submissions of the learned counsel or the parties, we dispose of this appeal as having been withdrawn with a direction to the Secretary, Department of Personnel, Government of India to expedite the aforesaid consideration process." 5. It is rather surprising that instead of taking final decision with regard to the proposal of appointment of the petitioner as Chairman, Coal India Ltd. which was under consideration and muchless instead of making a regular appointment of a competent person to the post of Chairman, the respondents have come with the impugned order again making ad hoc arrangement by posting respondent No. 4 who was No. 2 in the panel, as in charge of the post of Chair- man-cum-Managing Director, Coal India Ltd. 6. As noticed above, the post of Chairman is lying vacant since October, 2000 and one Mr. C.D. Araha was posted as in charge Chairman, Coal India Ltd. This Court in CWJC No. 4300/2000 passed order about two months back directing the respondents-Union of India to fill up the post of Chairman expeditiously. The Division Bench of this Court also in LPA 16/2001 recorded the submissions of the learned Additional Solicitor General of India and on the basis of that statement the petitioner sought permission to withdraw the appeal. The Division Bench of this Court also in LPA 16/2001 recorded the submissions of the learned Additional Solicitor General of India and on the basis of that statement the petitioner sought permission to withdraw the appeal. The Division Bench, on the aforesaid statement and submission, disposed of the appeal with a direction to the Secretary, Department of Personnel, Government of India to expedite the aforesaid consideration process. 7. Curiously enough instead of complying the orders aforesaid passed by this Court, the concerned respondents have come with the impugned order posting respondent No. 4 as in charge Chairman of Coal India Ltd. The action of the Government in making ad hoc arrangement ignoring the courts orders is highly depricable. The way the Central Government is acting, it is nothing but abuse of the powers for extraneous reasons which would expose the authorities concerned. It is, therefore, desirable that the learned Additional Solicitor General who made the said statement before the Division Bench of this Court should assist this Court and justify the action of the Government. 8. Let this matter be placed within first five cases on 26.2.2001. In the meantime, the operation of the impugned order shall remain stayed and Mr. C.D. Araha who was acting Chairman, shall continue to act as such. Let a copy of this order be handed over to Mr. N.N. Sinha, learned Standing Counsel, Central Government. 9. Order accordingly.