ANIL KUMAR RAI Vs. IRCON INTERNATIONAL LIMITED

JUDGEMENT

(1.) The writ petition pertains to challenge being thrown to the promotional process resorted to by Ircon International Limited (for short "Ircon") being the principal respondent from the post of Joint General Manager to the Post of Additional General Manager. Since in the writ petition chiefly the process of promotion which was adopted by Ircon in the year 2012 is challenged by the petitioner this Court restricts itself to the process of promotion adopted by Ircon in the year 2012 and not beyond that.

(2.) Ms. Noelle Banerjee, learned advocate, representing the petitioner has submitted that at the material point of time petitioner was working as Joint General Manager of Ircon having commendable service record and as per his personal assessment he was a suitable candidate for being promoted from the post of Joint General Manager to the post of Additional General Manager. He offered is candidature for being appraised along with similarly circumstanced other candidates for being promoted to the post of Additional General Manager. Vide letter dtd. 14/6/2012 he was asked to participate in the selection process which was scheduled to be conducted by the DPC. Ultimately, the said DPC examined the candidates including the petitioner claiming promotion to the post of Additional General Manager. It has been argued on behalf of the petitioner that in spite of being a suitable candidate his right to be promoted was denied by the Ircon and in the event of fair interview he would have been found to be suitable candidate for being promoted to the post of Additional General Manager. On placing reliance on the consolidated score sheet prepared by the four members of the DPC it has been argued on behalf of the petitioner that one of the members was inimical to the petitioner while petitioner was posted in Kashmir for construction of most difficult railway track since petitioner broke the chain of some corrupt officers and their nexus between the contractors and said officers were exposed at the instance of the petitioner; he was not in the good book of the said member of DPC which resulted in awarding of lower marks than other candidates. Taking cue from the incident as narrated in paragraph 12 of the writ petition petitioner has made out a case of personal bias against one of the four members of the DPC being respondent no. 3 and it has been submitted that petitioner became the victim of the situation due to his posting in Kashmir as narrated in paragraph 12 of the writ petition, as a result whereof, he was not selected for the promotion to the post of Additional General Manager.

(3.) In support of such submission and on the point of personal bias on behalf of the petitioner following Judgments have been relied upon.