( 1 ) THE Petitioner has prayed inter alia for the quashing of the appointment of Cmde. R. B. Prabhavalkar, Respondent No. 5 as the Director (Operations) in Goa Shipyard Ltd. , Goa, viz. Respondent No. 4. This is the second round of litigation. The earlier Petition being Writ Petition (C) No. 15851/2004 was disposed of with certain directions by Hon ble Justice Manmohan Sarin dated 19th January, 2005. In those proceedings as well as in the present case the Petitioner has contended that he is presently appointed as Chief General Manager with Respondent No. 4. He was empaneled for appointment to the said post of Director (Operations ). The notings in the file as narrated by my learned brother Manmohan Sarin, J were as follows: the stumbling block faced by the petitioner is that petitioner figured in List-B in the year 1997, in List-A in the year 1998-99 and in 2000. He was under surveillance for these years. His name appeared in List-C again in the year 2001. The CBI had also recommended initiation of major penalty in a case relating to placement of an order. The Central Vigilance Commission (CVC) after discussion with CBI and the Department advised initiation of d