RAJESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN the present writ application petitioner has prayed for issuance of an appropriate writ, direction or order, preferably in the nature of Quo Warranto, for quashing appointment of respondent no.3 on the post of Managing Director, Jharkhand State Mineral Development Corporation (hereinafter referred as JSMDC).

(2.) IT is stated that J.S.M.D.C is a premiere organization of the State of Jharkhand engaged in mining of various minerals such as coal, iron etc. It is further stated that State of Jharkhand considering the importance of J.S.M.D.C had decided to appoint an expert professional on the post of Managing Director from amongst the persons, who have expertised in the field of mine, planning and operation. In view of aforesaid decision, an advertisement issued inviting applications for appointment on the post of Managing Director, J.S.M.D.C on deputation or contractual basis. The said advertisement (Annexure -1) issued in the daily newspaper under the signature of Under Secretary, Department of Mines and Geology of the State of Jharkhand. In the advertisement, following essential qualifications prescribed for the post:

(3.) IT then appears from the counter affidavit of respondents that during the President Rule, the State Government has decided to fill up the vacant post of Manging Director of J.S.M.D.C. from amongst the officers, of Central Public Sector Undertakings ( herein after referred as C.P.S.U.) working in the rank of G.M./C.G.M. or above, on deputation basis for a period of three years. Thereafter, respondent no.2 sent letters to Chairmans -cum -Managing Director of Coal India Limited/ Central Coalfields Ltd/ Neyelli Lignite Corporation Ltd/National Mineral Development Corporation Limited requesting them to send names of officers who are working in the rank of GM/CGM or above. The aforesaid letters annexed with the counter affidavit as Annexures - E series. In the said letters, object for taking such decision by the State Government is mentioned , which is quoted herein below for ready reference :