JUDGMENT

Prathiba M. Singh(Oral)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Rail Dawa Bar Association, Lucknow, through its Secretary against the Respondent Nos.1, 2 and 3 i.e., Union of India, Railway Board, and the present incumbent/Chairman Railways Claims Tribunal, respectively. The petition seeks the following prayers:

"a) A writ of certiorari calling the entire official records from Respondents leading to the decision to again appoint Mr. Justice (Retd.) K.S. Ahluwalia (Respondent No. 3) as the Chairman, Railway Claims Tribunal, New Delhi.

b) An appropriate writ, order, direction and/or declaration in the nature of certiorari/mandamus quashing and setting aside the impugned decision to again appoint Mr. Justice (Retd.) K.S. Ahluwalia(Respondent No. 3) as the Chairman, Railway Claims Tribunal, New Delhi;

c) writ of mandamus directing the Respondent to immediately frame, rules/regulations laying down a fair and transparent selection procedure for appointment to the posts of Chairman, Vice Chairman (Judicial), Vice Chairman (Technical), Member (Judicial) and Members (Technical) in Railway Claims Tribunal i.e., which are posts of public importance in a quasi judicial authority.

d) An appropriate writ, order, direction in the nature of prohibition restraining the Respondent from again offering appointment to Mr. Justice (Retd.) K.S. Ahluwalia (Respondent No. 3) to the post of Chairman, Railway Claims Tribunal, Delhi;

e) Any other writ, order or direction which may be deemed fit and proper in the facts and circumstances of the case and in the interest of justice."

3. The matter was first listed on 8th August 2022 when the Ld. ASG appearing for the UOI was asked to obtain instructions with respect to the allegations raised in the writ petition. Initially, an application was filed seeking stay of the proposal to appoint Respondent no.3 as the Chairman, Railway Claims Tribunal. The said application was dismissed on 5th September, 2022, with the following observations:

" The Court finds no ground to grant the prayers as raised in the present application which seeks the operation of the order dated 01 September 2022 being placed in abeyance for the reason that the matter has already been entertained and the respondents had been duly asked to obtain instructions with respect to the challenge raised in the writ petition. Any steps that the respondents may have taken in the meanwhile and during the pendency of the present writ petition would in any case abide by its final result.

Consequently, and subject to the aforesaid observation, this application shall stand dismissed."

4. Thereafter, on 13th January, 2023, the following order was passed:

"1. This hearing has been done through hybrid mode.

2. This is a petition challenging the re-appointment of the Chairman of the Railway Claims Tribunal, Delhi.

3. Mr. Chetan Sharma, ld. ASG submits that the appointment of Respondent No. 3 as the Chairman of the Railway Claims Tribunal has been made in accordance with the prescribed procedures.

4. The ld. ASG submits that insofar as prayer (c) of the petition is concerned, the Rules already exist for the conditions of service and the manner of selection of Chairman, Vice Chairman and other members of the Railway Claims Tribunal. The said prayer reads as:

"c) writ of mandamus directing the Respondent to immediately frame, rules/regulations laying down a fair and transparent selection procedure for appointment to the posts of Chairman, Vice Chairman (Judicial), Vice Chairman (Technical), Member (Judicial) and Members (Technical) in Railway Claims Tribunal i.e., which are posts of public importance in a quasi judicial authority."

5. Let an affidavit along with all necessary documents be placed on record by the next date of hearing.

6. List on 7th February, 2023."

5. Pursuant to the above order, an affidavit has been filed by the Union of India deposed by the Under Secretary, Ministry of Railways. A rejoind