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1999 Supreme(Del) 11
High Court Of Delhi
JOSE PAUL - Appellant
Versus
UNION OF INDIA - Respondent
Civil 4665 of 1996
Decided On : 01/01/1999
A.K.VALI, A.M.SANGHVI, C.S.VAIDYANATHAN, HETU ARORA, Indu Malhotra, KAVITA WADIA, R.P.BHATT
Headnote:
The petitioner, a Deputy Chairman of a major port, challenged the appointment of the 5th respondent as the Chairman of the Jawaharlal Nehru Port Trust (JNPT), a category-I major port in India. The petitioner argued that he possessed the requisite knowledge and experience for the appointment as a Chairman and that he was denied consideration in accordance with the law by respondents 1 to 4.
Fact of the Case:
The petitioner, a Deputy Chairman of a major port, challenged the appointment of the 5th respondent as the Chairman of the Jawaharlal Nehru Port Trust (JNPT), a category-I major port in India. The petitioner argued that he possessed the requisite knowledge and experience for the appointment as a Chairman and that he was denied consideration in accordance with the law by respondents 1 to 4.
Finding of the Court:
The Court found that the first respondent had not followed the policy issued on 22.12.1987, which laid down the criteria for officers for being considered for the post of Chairman. The Court also found that the upgradation of the post of Chairman to the level of Additional Secretary/Secretary was done without following the prescribed procedure and that the appointment of the 5th respondent was made without considering the claims of all eligible Indian Administrative Service officers.
Issues: 1. Whether the first respondent was bound to follow the policy dated 22.12.1987. 2. Whether the case of upgradation projected by the first respondent can be accepted. 3. Whether the 5th respondent had been appointed in accordance with law.
Ratio Decidendi: The Court held that the first respondent was bound to follow the policy dated 22.12.1987 and consider the case of Port Officers and Central Government Officers. The Court also held that the upgradation of the post of Chairman was not in accordance with the office Memorandum issued by the Ministry of Finance and that the appointment of the 5th respondent was made without considering the claims of all eligible Indian Administrative Service officers.
Final Decision: The Court allowed the writ petition and directed the first respondent to reconsider the matter in the light of the observations made by the Court. The Court also directed that the 5th respondent shall not take part in any of the proceedings related to the selection of the Chairman of JNPT.
( 1 ). The petitioner has challenged in the writ petition the appointment of the 5th respondent as the Chairman of the Jawaharlal Nehru Port Trust, New Bombay a category-I major port in India. His grievance is that he possessed the requisite knowledge and experience for the appointment as a Chairman and he was denied consideration in accordance with law by respondents 1 to 4.
( 2 ). The petitioner has given his pen picture in the following terms:- CURRICULUM VITAE OF DR. JOSE PAUL, DEPUTY CHAIRMAN, JNPT, NEW BOMBAY First Name and Surname jose PAUL Family Name sankoorikal Date of Birth 17. 08. 1941 Place of Birth narakkal - Ernakulam Distt Kerala State,, INDIA Religion christianity - Roman - Syrian Catholic Position held a) Assistant Traffic Manager Cochin Port Turst (1968- 70) b) Deputy Traffic Manager - Cochin Port Trust (1970-75) c) Traffic Manager - New Mangalore Port Trust (1975- 79) d) Traffic Manager - Tuticorin Port Trust (1982-89) e) Additional Traffic Manager,, Cochin Port Trust (1982- 89) f) Deputy Chairman,, New Chairman,, New Mangalore port Trust (15. 04. 1989 to 17. 07. 1994 ). g) Deputy Chairman,, Jawaharlal Nehru Port Trust New Bombay (18. 07. 1994 to 24. 9. 95) h) Acting Chairman,, Jawaharlal Nehru Port Trust,, New Bombay (25. 9. 95 to 3. 9. 96) i) Deputy Chairman,, Jawaharlal Nehru Port Trust New Bombay (4. 9. 96 onwards) Academic a) M. A (Political Science) University of Mysore,, Qualifications Indian Passed in Second Class. b) Ph. d in Port Management University of Wales,, united Kingdom - Passed with considerable credit Professional Qualifications a) Fellow of the British Institute of Management (FBIM); b) Fellow of the Chartered Institute of Transport,, london (FCM ). Participation in selected by the Government of India and the British advanced training council for participation in an advanced training courses abroad course on "port Management" held in Brighton, uk from September 1983 to Dec. 83. Prizes received in first Prize and the Aklyama Award in the Internation international Essay Competition organised by the competition international Ass. of Ports and Harbours. Tokyo,, japan in 1986 - Prize $us 750. Silver Medal and a scroll presented in person at the World Port conference in Seoul,, South Korea in May 1987. Publications in a) Paper on `the Impact of Port charges on shipping International freight rates - the Dock and Harbour Authority. Journals/ foxlow Publications,, London (March 1986 ). Newspapers b) Paper on `port Policy of Sweden-a-critical apparai- sal - The Dock and Harbour Authority,, foxlow Publica- tion,, London (January 87 ). c) Akiyama prize winning paper under IAPH Award scheme - `how could the efficiency of Indian Major ports be improved? - IAPH Journal,, Japan (March 87 ). Publication in 1. "does India need a National Ports Authority"? National published in `economic Times dated 14. 6. 90 and Newspapers `marine Times dt. 30. 6. 90 and `indian Ports Journal dt. Jan-March 1990. 2)"how to manage resistance to change?" published in the `economic Times dated 16. 09. 1990. `marine times" dt. 08. 12. 1990 and `indian Ports Journal dated December 1990. Papers presented in 1. Major Sea Ports - their influence on development reginonal national conference of local,, regional and national economy. and international 2. Privatisation in Indian Major Ports - Its scope and applicability. 3. Cargo handling and labour deployment practices in India for container traffic Countries visited australia,belgium,canada, Federal Republic of Germa-ny, France,, Japan, Nether-land, phillippines,, Singa-pore, South Korea,, Sweden,switzerland USA, UK and U. A. E. At all invitation of the Netherlands Minister of Transport,, Public Works and Water Management,, visited the Netherlands as a member of the Indian Delegation during November 06. 12. 1995. World Ports gothernburg,, Malmo,, Bremen Bremerhaven,, London, visited live- poof,, Dover, Felixstowe, Cardiff, New port, Port Talbot, Swansea, Cl
