R P BHASIN Vs. D K TYAGI

JUDGEMENT

(1.) These two appeals under the Letters Patent relate to judgment of learned Single Judge in CWP No. 3865/82. Respondent No. 1 D.K. Tyagi was the petitioner in the said writ petition. Challenge in the writ petition was to the selection of certain officials of Oriental Bank of Commerce (hereinafter referred to as the Bank). Twenty six officers, whose selection was set aside, are the appellants in LPA 27/94, whereas the Bank is the appellant in LPA 33/94 alongwith S.K. Soni, whose role in the selection of officers for the purpose of promotion, came under scrutiny in the writ petition.

(2.) The factual position needs to be noted in a nutshell. Interview was held for the post of Deputy Chief Manager/Asstt. Regional Manager of the Bank. D.K. Tyagi was one of the candidates. He was not found suitable. He questioned the selection of those who were selected by filing the writ petition essentially on two grounds. Firstly, it was contended that S.K. Soni was DIRECTLY related to two of the candidates whose names figured in the list of successful candidates. Secondly, it was submitted that the said S.K. Soni had hostility against the petitioner D.K. Tyagi, which resulted in his non-selection. Learned Single Judge found that though S.K. Soni did not participate at. the time of interview of his relatives, yet the ENTIRE process of selection was vitiated. Reliance was placed on a decision of this Apex Court in Ashok Kumar Yadav v. State of Haryana, AIR 1987 SC 454. It was, inter alia, held that since S.K. Soni had not withdrawn from the entire process and did not ask the Authorities to nominate any other person in his place in the Selection Committee, the whole selection made in June, 1992 for the post of Deputy General Manager/Asstt. Regional Manager was to be declared as void ab initio. Though it was pointed out that petitioner D.K. Tyagi had participated in the selection and had got less than requisite marks, it was concluded that presence of S.K. Soni had its impact on the decision of the Selection Committee and he may have been victim of the bias of the Selection Committee which resulted in awarding of low marks to him. Promotion given to petitioners 3 to 34 to the post of Dy. General Manager/Asstt. Regional Manager were quashed and the Bank was directed to make fresh selection in accordance with law. It was directed that in case petitioner D.K. Tyagi was ultimately found suitable for selection and appointment, he will be promoted with effect from 11th June, 1982, the date when respondents 3 to 34 were earlier promoted.

(3.) Questioning correctness of the decision, two appeals have been filed. In essence, the challenge to the judgment is on the ground that writ petitioners having participated in the process of selection were stopped from raising a dispute about the validity of the process of selection. Further conclusions about the likelihood of bias of the members of Selection Committee are unfounded and baseless. The stand that there was bias against D.K. Tyagi is clearly unfounded because he has been considered after 1982 selection, which is subject matter of challenge for promotion to the higher grade/scale on as many as eight occasions between August, 1986 and March, 1998. In March, 1998 he was considered and promoted. The plea that because of S.K. Soni's bias he was not favourably considered is travesty of truth because S.K. Soni was not a member of the Selection Committee after 1986. Some of the successful candidates were initially impleaded as parties but on the request of the writ petitioners their names were struck off. Though they were not parties in the writ petition after such deletion, the judgment also nullifies their promotion. It is pointed out that the writ petitioners did not plead bias and did not question composition of the Selection Committee when he appeared at the interview. Even in the appeal filed before the Chairman relating to his non-selection, no bias was pleaded, as regards either his non-selection or selection of two relatives of S.K. Soni. Learned Counsel for D.K. Tyagi submitted that a person cannot be non-suited merely because he has not questioned the composition of the Selection Committee on the ground of bias, if he was not aware of the right to make such a grievance. Strong reliance is placed on the decisions in King v. Essex Justices (Sezer and Others), (1927) 2 LB 475. It is further contended that much before the constitution of the Selection Committee or holding of the interview, he had highlighted bias of S.K. Soni so far as he is concerned.