(1.) WP(C) 6542/2002, WP(C) 6543/2002 and WP(C) 6544/2002 which lay a challenge to the Annual Confidential Reports of the petitioner for the years 1999-2000, 1998-99 and 1997-98 respectively, WP(C) 6575/2003 which challenges the order dated 24.9.2003 not extending the tenure of the petitioner as Director (Electrical) under Satulej Jal Vidyut Niagam Ltd. (SJVN)and WP(C) 7508/2002 which challenges the shortlisting of respondent No.4 for appointment as Chairman-cum-Managing Director of Nathpa Jhakri Power Corporation (NJPC) renamed as Satulej Jal Vidyut Niagam Ltd. (SJVN) are being disposed of by a common judgment as factual matrix and legal issues raised are common to all petitions.
(2.) Petitions prompts the question: Is it a wise policy to seek adjudicating of termination and allied matters, affecting public sector appointments at the top level through docket bound, time consuming judicial process having inherent limitations on the mode and extent of relief or is it desirable to seek redressal within the inbuilt processes of redressal?
(3.) As the nation strives to open its markets under General Agreement on Trade and Tariffs, (GATT) the economic might of the Public Sector Undertakings, (PSU) which have been nurtured by public funding, needs acceleration. Persons who are in the charge of the Public Sector Undertakings, can prove their worth if their undivided energies are utilized in the building of these undertakings and not being locked in court battles. This Court is witness to the growing litigation involving board level executives of Public Sector Undertakings; talented, tested and seasoned men struggling critically for survival. Their energies, diverted, can the nation fulfill it's cherished goal of food, clothing and house for all?