- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6216 OF 2007 ... Premprakash Hotilal Gupta ...Petitioner v/s. CMD, ONGC & Anr. ...Respondents ... Mr.Saikumar Ramamurthy for the Petitioner. Mr.Prakash Shinde i/b M/s.M.Dhruva & Co. for Respondent No.1. ... CORAM: D.K.DESHMUKH & V.M.KANADE, JJ. DATED: 30TH JANUARY, 2008 P.C.: 1. Heard the learned Counsel for the Petitioner. The Petitioner makes a grievance about non-selection of the Petitioner for the post of General Manager. - 2 - Admittedly, at the time when the candidates were being considered for the selection, departmental inquiry was pending against the Petitioner. As per the affidavit of the Respondent No.1, despite pendency of the departmental inquiry against the Petitioner, the Petitioner was considered for selection. He was not found fit for promotion, therefore he was not promoted to the post of General Manager. 2. It is also the case of the Respondent that there is an appeal provided against the order of non-selection and therefore the petition should not be entertained. 3. The learned Counsel for the Petitioner submits that the Respondent should have followed the sealed cover procedure in relation to the promotion of the Petitioner because of the pendency of the departmental inquiry. 4. In our opinion, the question of following sealed cover procedure would have arisen if ignoring pendency of the departmental inquiry the Petitioner had been considered for promotion and he had been - 3 - found fit for the promotion. 5. We find that the procedure that is followed by the Respondent is as per the law. There is a departmental appeal provided. According to the Petitioner he has not availed of the remedy of appeal, because the reasons for his non-section were not communicated to him. We find that there is no such requirement provided in the Rules to communicate those reasons to the candidate. 5. Taking overall view of the matter, therefore, in our opinion, as there is alternate remedy available, petition cannot be entertained. It is rejected. (D.K.DESHMUKH, J.) (V.M.KANADE, J.)