GIRDHAR LAL TRIPATHI Vs. TENUGHAT VIDYUT NIGAM LIMITED

JUDGEMENT

(1.) Writ Petition No.4072 of 2014 has been filed on behalf of Girdhar Lal Tripathi for quashing the Office Order No.95/1415 dated 07.08.2014 issued under the signature of the Chairman, Tenughat Vidyut Nigam Ltd., Ranchi (for short hereinafter referred to as 'TVNL') whereby and whereunder the petitioner has been removed from the post of Managing Director, TVNL with immediate effect and has been directed to report back to his parent department i.e. National Thermal Power Corporation, New Delhi (for short hereinafter refereed to as 'NTPC') and in the mean time Shri Ramavtar Sahu, General Manager cumChief Engineer, TVNL, Lalpania within the district of Bokaro shall be the incharge, Managing Director, TVNL, Ranchi with immediate effect. It is further prayed that by keeping the impugned Office Order dated 07.08.2014 in abeyance the writ petitioner may be permitted to discharge his duties in the capacity of Managing Director, TVNL in view of notification dated 09.05.2014 issued in the name of His Excellency, the Governor of Jharkhand whereby the petitioner has been appointed on deputation basis for a period of three years or till further order, whichever may be earlier with pay protection which the petitioner has been getting in NTPC, New Delhi.

(2.) That during pendency of W.P.(s) No.4072 of 2014 another W.P.(s) No.5735 of 2014 has been filed on behalf of Ravindra Kumar Gupta with a prayer for issuance of appropriate writ in the nature of quo warranto calling upon the respondents to show cause as to how and under what authority respondent No.5 was appointed to the post of Managing Director, TVNL because the appointment of respondent No.5 has been done in violation of Article 14 and 16 of the Constitution of India and selection process adopted by the respondents is neither transparent nor fair. Further prayer has been made for issuance of a declaration to the effect that appointment of respondent No.5 as Managing Director, TVNL is illegal and void ab initio as the same was conducted in violation of Article 14 and 16 of the Constitution of India and for issuance of a writ(s), order(s) or direction(s) calling upon the respondents to produce before the Hon'ble Court the records in relation to appointment of respondent No.5 as Managing Director, TVNL.

(3.) That both writ petitions i.e. W.P.(s) No.4072 of 2014 and W.P.(s) No.5735 of 2014 have been assigned to this Bench by the order of Hon'ble the Chief Justice, Jharkhand High Court. Since the issues involved in aforesaid writ petitions appear to be closely related, the writ petitions have been directed to be tagged together for convenience and better appreciation and the same are disposed of with this common order.