B. MENGHANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed as a public interest litigation seeking relief of writ of quo warranto declaring that appointment of fourth respondent to the post of Director, National Waterways Road, Maradu, Kochi as illegal and erroneous for contravening provisions of Regulations.

(2.) In brief petitioner's case is, he was working as Senior Accounts Officer with second respondent Inland Waterways Authority of India at Head Office, NOIDA, New Delhi in 2011. Fourth respondent was appointed as the Director of third respondent at Kochi in flagrant violation of Exhibit P1 Regulations of Recruitment based upon which recruitments have to be made; the eligibility criteria indicated at Exhibit P1 for direct recruitment clearly prescribes the maximum age limit for the post of Director as 45 years; fourth respondent, being 56 years at the time of appointment (Date of Birth being 17.06.1954), was not eligible to be appointed as Director.

(3.) As a matter of fact, the selection committee for recruiting the Director ought to consist of three members, but the selection committee selecting the fourth respondent as the Director consisted of only two members, i.e. Vice Chairman and Chief Engineer. At the time of appointment, there was no proper vigilance clearance for fourth respondent which is mandatory. The post held by the fourth respondent is a public post and his appointment being not in conformity with the existing Rules and Regulations, interest of public at large is jeo pardised. It is nothing but a mala fide exercise of power indicating manifestation of abuse of power vested in respondents 1 and 2. With these averments, petitioner sought for the following reliefs: