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2015 Supreme(Jhk) 386

IN THE HIGH COURT OF JHARKHAND AT RANCHI
D.N. UPADHYAY, J.
Girdhar Lal Tripathi - Petitioner
Versus
Tenughat Vidyut Nigam Limited - Respondents
W.P.(s) No. 4072 of 2014
Decided on : 16.04.2015

Advocate Appeared:
For the Petitioner:M/s Ritu Kumar, Samavesh Bhanj Deo &Vikash Kumar, Advocates (in 4072), M/s Sumeet Gadodia & Bibhash Sinha, Advocates (in 5735)
For the Respondent No. 4:Mr. Indrajit Sinha, Advocate (in 4072)
For the State : Mr. Ajit Kumar, A.A.G., Mr. Saket Upadhyay, J.C. to A.A.G., Mr. Rajesh Kumar, G.P.V
For TVNL :Mr. Vaibhav Kumar, Advocate

Headnote:(A) Constitution of India—Article 226—Quo warranto—Locus to maintain quo warranto petition—Action of Government is always accountable to public at large—Filling up of public post, if done against statutory provisions/rules, any citizen has right to challenge appointment by way of writ of quo warranto. (Paras 18 and 19)

       (B) Service Law—Appointment—Post of MD in TVNL—Policy of Government is to appoint through a fair and objective selection procedure outstanding provisional managerial to said posts and posts containing other levels—Even if selection from target group is to be made, application from eligible candidates could not be restricted to any particular PSEs—TVNL being a PSU of State Government, post of Managing Director is a public post and it has to be filled up in accordance with law and statutory rules after following fair and transparent procedure.

ORDER :

D.N. Upadhyay, J.

Writ Petition No.4072 of 2014 has been filed on behalf of Girdhar Lal Tripathi for quashing the Office Order No.95/1415 dated 07.08.2014 issued under the signature of the Chairman, Tenughat Vidyut Nigam Ltd., Ranchi (for short hereinafter referred to as 'TVNL') whereby and whereunder the petitioner has been removed from the post of Managing Director, TVNL with immediate effect and has been directed to report back to his parent department i.e. National Thermal Power Corporation, New Delhi (for short hereinafter refereed to as 'NTPC') and in the mean time Shri Ramavtar Sahu, General Manager cum-Chief Engineer, TVNL, Lalpania within the district of Bokaro shall be the incharge, Managing Director, TVNL, Ranchi with immediate effect. It is further prayed that by keeping the impugned Office Order dated 07.08.2014 in abeyance the writ petitioner may be permitted to discharge his duties in the capacity of Managing Director, TVNL in view of notification dated 09.05.2014 issued in the name of His Excellency, the Governor of Jharkhand whereby the petitioner has been appointed on deputation basis for a period of three years or till further order, whichever may be earlier with pay protection which the petitioner has been getting in NTPC, New Delhi.

2. That during pendency of W.P.(s) No.4072 of 2014 another W.P.(s) No.5735 of 2014 has been filed on behalf of Ravindra Kumar Gupta with a prayer for issuance of appropriate writ in the nature of quo warranto calling upon the respondents to show cause as to how and under what authority respondent No.5 was appointed to the post of Managing Director, TVNL because the appointment of respondent No.5 has been done in violation of Article 14 and 16 of the Constitution of India and selection process adopted by the respondents is neither transparent nor fair. Further prayer has been made for issuance of a declaration to the effect that appointment of respondent No.5 as Managing Director, TVNL is illegal and void ab initio as the same was conducted in violation of Article 14 and 16 of the Constitution of India and for issuance of a writ(s), order(s) or direction(s) calling upon the respondents to produce before the Hon'ble Court the records in relation to appointment of respondent No.5 as Managing Director, TVNL.

3. That both writ petitions i.e. W.P.(s) No.4072 of 2014 and W.P.(s) No.5735 of 2014 have been assigned to this Bench by the order of Hon'ble the Chief Justice, Jharkhand High Court. Since the issues involved in aforesaid writ petitions appear to be closely related, the writ petitions have been directed to be tagged together for convenience and better appreciation and the same are disposed of with this common order.

4. In W.P.(s) No.4072 of 2014 contention of writ petitioner Girdhar Lal Tripathi is that he has been appointed as Managing Director, TVNL vide notification No.1/TVNL 0307 Urja/2012 (Khand) 1033 dated 9.5.2014 and corrigendum vide notification No.1/TVNL 307 Urja/2012 (Khand) 1035 dated 09.05.2014 and on the very same date i.e. on 9.5.2014 he has assumed charge and started discharging his duties. He had also written application (Annexure3) addressing the Chairman-cum-Managing Director, NTPC, New Delhi, requesting therein to relieve him with immediate effect since he has been appointed as Managing Director, TVNL. Thereafter vide Office Order dated 03.06.2014 (Annexure-4) he has been relieved with effect from 03.06.2014. Since the writ petitioner has assumed charge as Managing Director, TVNL on 09.05.2014 itself, a request vide letter 117/1415 dated 11.06.2014 (Annexure-5) was written by Sri P.K. Mishra, ESE (HR), TVNL to Sri U. Lal, General Manager (HR), NTPC Ltd. to amend the Office Order dated 03.06.2014 and relieve Sri G.L. Tripathi, the writ petitioner, with effect from 09.05.2014. Accordingly the request made by Sri P.K. Mishra, ESE (HR), TVNL was acceded to vide Office Order dated 05.08.2014 with partial modification in the Office Order No. 01: HRS: HRB:002




































































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