Bhajan Singh vs State Of Uttarakhand & Ors

3. The facts leading to this appeal are this wise - The appellant as well as respondent No.4 both joined as Assistant Engineers in the Respondent No.2 Nigam. The appellant joined sometimes in 1984 whereas respondent No.4 joined in 1977. Over the years, they have risen in rank and the appellant, who belongs to a Scheduled Caste, became Superintending Engineer on 4.7.2002 whereas respondent No.4 came to that position on 2.7.2008. Subsequently the appellant became Chief Engineer on 8.2.2005 which post he is presently continuing to occupy. As far as respondent No.4 is concerned, he came in that position on 20.1.2011. He could become Managing Director on 3.5.2012 pursuant to the Departmental Promotion Committee’s decision. The appellant was officiating as the Managing Director at the relevant time, he was amongst the officers who were considered for promotion and it is his case that he deserved to be selected and not the respondent No.4.

5. Be that as it may, the second challenge to the appointment of respondent No.4 was to the manner and merits of the selection of respondent No.4 for the post of Managing Director and in our view, this is a much more basic objection which we must look into. There are rules framed for the appointment to the post of Managing Director known as the Uttarakhand Peyjal Sanshadhan Vikas Avam Nirman Nigam (The Post of the Managing Director) Rules, 2011. They are framed under Section 96 read with sub-section (2-A) of Section 4 of the Uttar Pradesh Water Supply and Sewerage Act as applicable to the State of Uttarakhand. Rule 3 of these rules provides that the selection to the post of Managing Director shall be made through a Selection Committee which will comprise of 5 persons, namely:

i) integrity of the officer;

ii) leadership qualities

v) special achievements/contribution and capacity to execute the work easily and like qualities.

21. In view of these facts, the selection of respondent No.4 was clearly faulted. The selection was in breach of the requirements of Rule 5 and, therefore, it will have to be set aside. The High Court has also seriously erred in not allowing the writ petition of the appellant herein. In the circumstances, we allow this appeal, set aside the judgment rendered by the Division Bench of the Uttarakhand High Court. Prayer (A) made in the writ petition will stand granted, namely, that the selection and appointment of respondent No.4 will stand set aside. Inasmuch as respondent No.4 has worked all this time as Managing Director, whatever salary and emoluments he has received, though on the basis of a faulty selection, will not be recovered from him. However, as a consequence of this order, he will now be immediately placed in the position which he was occupying prior to his selection as Managing Director of the Nigam. It will be for the Nigam to call for another Selection Committee and consider whosoever are the eligible officers. Their full record will be placed before the Selection Committee, and thereafter it will be decided as to who should be selected as the Managing Director of the Nigam. The appeal is allowed in these terms, with costs. Respondent No.4 will pay cost of Rs.50,000/- and Respondent No.2 Nigam will pay cost of Rs.50,000/- to the appellant. Respondent No.2 will be at liberty to recover this amount of cost from the then Chairman of the Nigam.

August 27, 2013.