Case: Sr. Divisional Retail Sales Manager, Indian Oil Corporation Ltd. through Poa Holder and Ors Vs. Ashok Shankarlal Gwalani

comments are as under: In this case the candidate had brought the Duplicate copy of the original, which in its strictest sense is not the original. Logically duplicate copy of the documents should have been considered as original for the purpose verification. This could/should have been got confirmed by the coordinating officer and implemented. However it appears that the DO coordinating officer/L2Committee has strictly gone by the policy guidelines in this regard to verify the attested copy of the document submitted with the application, from the Original to be brought by the candidate at the time of interview. Therefore technically the DO coordinating Officer/L2 Committee has strictly followed the guidelines. ED MSO has detailed his views & finally opined as follows in: “In order to avoid any further complication and to give fair chance to everyone, in my opinion this selection process should be cancelled and the location should be Re- advertised. Since there is no specific policy in this regard it is suggested that HO opinion may be sought.” 14. From the pleading of the parties as noticed above and the record, the following facts emerges:- (a) The proclamation was made on 11.6.2005 i.e. more than seven years ago but till date no person has been granted the dealership in question. (b) The first interview was conducted on 9th-10th December, 2005 in which one Mr. Nilesh L. Kudalkar was placed at the top of the merit panel while the respondent was placed second and one Mr. K. Srinadha Rao was third. When complaints were made against the selection as well as an allegation of irregularity in the process, after investigation, the Company found that the respondent and Mr. Srinadha Rao had not been marked correctly and both failed to provide the attested documents as had been specifically required under the advertisement and therefore the first selection was cancelled. (c) The second re-interview was called for and conducted on 22nd and 24th December, 2008. In the said re-interview the respondent was the only eligible candidate in the merit panel. On the basis of the complaints made by other persons a one man Inquiry Commission was appointed. On the basis of the report of the Investigating Officer dated 6.2.2009 and 24.3.2009, it was found that there were lapses by the DO Coordinating Officer and the interview committee (L2), in not accepting the duplicate of the original mark-sheet of a candidate as detailed in the Inquiry Officer report in tabulation. (d) The record further shows that the respondent submitted a representation before the Chairman of the Company on 24.8.2009 with the reminder filed on different dates including the one dated 23.1.2010. The Senior Divisional Retail Sales Manager by communication dated 3.06.2010 informed the respondent that “on perusing the application and the accompanying documents it is observed that Relationship Affidavit not as per format. We regret that in view of the same your application is found ineligible.” In the aforesaid background, the DGM (RC) by its note dated 13.8.2009 rejected the opinion submitted by the Office for re-interview. 15. It is not clear as to how the assessment was made by the authorities as apparent from the investigation report (Annexure-R6). The Investigating Officer in the summary of investigation submitted his conclusion, the relevant potion of which reads as follows: “Summary of Investigation: Based on documents provided/handed over by DO, as also application the policy guidelines RO/6002 dt. 7.4.2005 & 4.4.2006 the following is the conclusion: A) L-1 Committee has not strictly followed the guidelines regarding signing of all documents for assessment. However, irrespective of this deviation, L-1 Committee has considered all documents for assessment. B) In case of ‘Liquid Cash in the form of Bank Fixed Deposit etc. and ‘Fixed and Movable Assets” as detailed in my report, for financial capability, the L-1 Committee, Screening Committee has given weight-age to documents of family members/ relatives even though ‘No Consent’ affidavit/letter is available. Therefore, in my final assessment, in line with the policy ‘No weight-age has been given to documents without consent. Therefore final marks have undergone change. Hence in line with the above the final result is as under: As per Interview Committee (in line with merit): Sr.Name of candidateTotal No.marks 1.Shri Nilesh Laxmikant Kudalkar56.50 2.Dr. Ashok Shankarlal55.33 Gwalani 3.Shri K. Srinadharao54.33 As per Screening Committee (in line with merit): Sr.Name of candidateTotal No.marks 1.Shri Nilesh Laxmikant59.0 Kudalkar 2.Shri K. Srinadharao57.0 3.Dr. Ashok Shankarlal52.0 Gwalani As per Investigation (in line with merit): Sr.Name of candidateTotal No.marks 1.Dr. Ashok Shankarlal56.78 Gwalani 2.Shri K. Srinadharao53.63 3.Shri Nilesh Laxmikant48.52 Kudalkar From the aforesaid report, it is clear that the Interview Committee, Screening Committee and the Investigation Officer assessed the three candidates in three different groups due to which the position of the candidates changed in the merit list prepared by the Interview Committee, Screening Committee and the investigation Officer.16. In the present case, the High Court has not noticed and discussed the aforesaid facts and without discussing the further developments as taken place after 24.12.2008, directed the appellants to issue the Letter of Intent in favour of the respondent. Though the High Court noticed the stand taken by the appellants that the ‘relationship affidavit’ submitted by the respondent was not as per format, it failed to discuss the effect of such an incomplete affidavit in the matter of selection.17. Generally, if an irregularity is detected in the matter of selection or preparation of a panel it is desirable to have a fresh selection instead of re-arranging the panel which is found to be vitiated. The Authority empowered to appoint, is the competent authority to decide as to whether the panel should be discarded and there should be a fresh selection in view of the facts narrated above. In such circumstances, the High Court under Article 226 of the Constitution of India ought to not have interfered with the decision of the competent authority in canceling the selection.18. For the reasons aforesaid, we have no other option but to set aside the order of the High Court.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]is clear that the Interview Committee, Screening Committee and the Investigation Officer assessed the three candidates in three different groups due to which the position of the candidates changed in the merit list prepared by the Interview Committee, Screening Committee and the investigation Officer.16. In the present case, the High Court has not noticed and discussed the aforesaid facts and without discussing the further developments as taken place after 24.12.2008, directed the appellants to issue the Letter of Intent in favour of the respondent. Though the High Court noticed the stand taken by the appellants that the ‘relationshipsubmitted by the respondent was not as per format, it failed to discuss the effect of such an incomplete affidavit in the matter of selection.17. Generally, if an irregularity is detected in the matter of selection or preparation of a panel it is desirable to have a fresh selection instead of re-arranging the panel which is found to be vitiated. The Authority empowered to appoint, is the competent authority to decide as to whether the panel should be discarded and there should be a fresh selection in view of the facts narrated above. In such circumstances, the High Court under Article 226 of the Constitution of India ought to not have interfered with the decision of the competent authority in canceling the selection.18. For the reasons aforesaid, we have no other option but to set aside the order of the High Court.