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2015 Supreme(Pat) 1141

AJAY KUMAR TRIPATHI
Chhathu Lal Prakash – Appellant
Versus
Bihar State Power ( Holding ) Company Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Nagendra Kumar Singh
For the State of Bihar :Mr. Lalit Kishore, Sr. Advocate, PAAG, Mr. Partha Sarthi- GA11
For the Respondent No. 3:Mr. Y. V. Giri, Sr. Advocate
For the Respondent No. 8:Mr. Kamal Nayan Choubey, Sr. Advocate, Mr. Anand Ojha
For the BSPHC & Others: Mr. Binay Kriti Singh

JUDGMENT :

By virtue of the Notification No. 879, dated 28.02.2014 (Annexure – 5), five persons came to be appointed in different Power Holding Companies as Director (Projects) or Director (Operations). Since the petitioner, one of the applicants, was not selected or appointed, he wants quashing of the notification, especially relating to Respondent No. 8 as Director (Operations), South Bihar Power Distribution Company Limited as well as appointment of Respondent No. 9 as Director (Projects), North Bihar Power Distribution Company Limited.

2. The allegation is that the selection process was not based on any kind of parameters, and pick and choose method was adopted to select candidates of the personal like or dislike of the High Powered Committee, rather than on objectivity. The records reveal that subjectivity has prevailed, as it does not disclose the yard-stick used. This can never be permitted in matters of selection and appointment on a public post.

3. Short facts are that an Advertisement No. 1626 was issued by the Department of Energy, Government of Bihar for appointment on the post of Directors in Power Utilities Company. The advertisement indicated the posts, which were open





































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