RAJESH AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who is presently working on the post of Principal Chief Engineer, Konkan Railways Corporation Ltd., Navi Mumbai, seeks quashing of the decision/order of the respondent No.1/Ministry and the respondent No.2/DOPT of declining to appoint him to the post of Director (Way and Works), Konkan Railways Corporation Ltd., and further, seeks directions to the respondent No.1/Ministry to appoint him to the subject post.

(2.) The undisputed facts of the case are that on 28.05.2013, the Public Enterprises Selection Board (in short 'PESB') had issued an advertisement for making an appointment to the post of Director (Ways and Work), Konkan Railway Corporation Ltd., which is a Board level appointment. On 19.06.2013, the petitioner had applied for being considered to the said post and on 29.07.2013, he was informed that he had been shortlisted and would be interviewed for the subject post on 01.08.2013. On 01.08.2013, interviews were held by the PESB and the results of the selection that were announced on the same day, revealed that the petitioner was recommended for selection to the subject post.

(3.) The grievance of the petitioner is that in terms of its Circular dated 13.05.2011, the PESB is required to send only one name to the Appointments Committee of the Cabinet (in short 'ACC') for consideration and the reserved name is required to be kept in a sealed cover with the PESB, to be disclosed only upon specific orders by the ACC and, contrary to the procedure prescribed in the said guidelines, the respondent No.3, who was the Member Engineering Railway Board, New Delhi and a part of the interview panel convened by the PESB, in an advisory capacity, had revealed the name of the reserved candidate.