UNION OF INDIA Vs. ASHUTOSH KUMAR SRIVASTAVA

JUDGEMENT

(1.) Respondent No.1 herein was working as Chief Vigilance Inspector at North Eastern Railway. He appeared for written exam- ination held on 12-3-1994 for selection to the post of Assistant Engineer, Grade 'B' for filling up 70% of the vacancies reserved for promotees. The result of the written test was published on 2-5-1994 and he was declared qualified in the written exami- nation. Thereafter, respondent No. 1 appeared for interview before a Selection Committee consisting of Shri M. M. Goyal, Chief Engineer as Chairman, respondent No. 2 herein, Shri Ram Deo, Chief Personnel Officer (Admn.) and Shri Binod Prasad, Chief Electrical Engineer. His interview took place on May 20 and 21, 1994. The selection proceedings were finalised by the Selection Committee on May 25, 1994. On May 27, 1994 a cassette was delivered anonymously to the Chief Personnel Officer who in turn passed it on to the members of the Selection Committee. Thereafter, the Selection Committee met again on May 30, 1994 and took on record the transcript of the cassette anonymously delivered. After recording certain proceedings, the Selection Committee put the entire matter to the General Manager, North Eastern Railway, Gorakhpur, for approval. Thereafter, on June 3, 1994 respondent No. 1 alleged mala fides on the part of the Selection Committee and a case was also registered. However, the General Manager approved the selection made by the Selection Committee on July 11, 1994 and the approved panel of 28 candidates was published.

(2.) Respondent No. 1 filed an application in O. A. No. 1057 of 1994 before the Central Administrative Tribunal, Allahabad [hereinafter referred to as 'the Tribunal']. In the meanwhile, respondent No. 1 was repatriated to his parent Engineering Department. The Tribunal quashed the result of the viva voce test in respect of respondent No.1 and directed the appellants to subject respondent No. 1 to a fresh viva voce test to be held by another Selection Committee to be constituted by persons at appropriate level other than those who constituted the earlier Selection Committee and if, as a result thereof, he is declared qualified, he shall be promoted with effect from the date on which his immediate junior was promoted with all consequential benefits, including arrears of salary. Against that order of the Tribunal this appeal is filed by special leave. This Court granted an interim order staying the operation of the order of the Tribunal.

(3.) Father of respondent No.1 was employed on the establishment of the appellants and when he died in harness, respondent No. 1 was appointed to the post of Inspector of Works in the Grade of Rs. 2000-3200 on compassionate ground. On completion of his training he was posted in the office of the Chief Engineer, North-Eastern Railway, Gorakhpur. In April 1991 he opted for an assignment in the Railway Vigilance Department and was posted as Chief Vigilance Inspector. Thereafter, he was sent on deputation to the Indian Railway Construction Company and was posted in Malaysia for a period of one year from May 1992 to May 1993. On completion of his deputation period he returned to India in May 1993 and resumed his duties in the post of Chief Vigilance Inspector.