9911796707
TMI Blog2001 (3) TMI 900X X X X Extracts X X X X X X X X Extracts X X X X ..... he relevant factors, the Selection Committee found the following candidates suitable, in order of merit, and accordingly recommended them for appointment as Members of the Company Law Board :- 1.Shri S.B. MathurMember (Technical) 2.Shri C.D. PaikMember (Judicial) (ST) 5.1 The reserve panel, to be used for this post of Member, Technical in the event of Shri S.B. Mathur not joining, shall be as follows in the order of priority indicated below :- 1. Dr. A.K. Doshi 2. Shri R. Vasudevan 5.2 These candidates, if appointed, will rank junior to Shri C.D. Paik. 6. The Selection Committee did not find any candidate suitable for the post of Member (Judicial) (SC)." Thus the Selection Committee had selected the 2nd respondent. The reserve panel consisted of the names of the appellant and Shri R. Vasudevan. As per this selection only the name of the 2nd respondent and Shri C.D. Paik could be sent to the Appointments Committee. It was not denied that in normal course the Appointments Committee would act on the recommendations of the Selection Committee and these two persons would have been appointed. Shri C.D. Paik has been appointed as Member (Judicial). In these appeals the dispute rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. On the facts on record it is clear to us that the name of 2nd respondent was rejected by the Appointments Committee, on 4-12-1997 because of the unwarranted interference by the Secretary. By its order dated 4-12-1977 the Appointments Committee also directed that a fresh proposal for appointment of Member (Technical), CLB be submitted. 6. The reserve panel was to be used in event of 2nd respondent not joining. As the Appointment Committee rejected the name of the 2nd respondent steps should have been taken to place the names of the candidates included in the reserved panel before the Appointments Committee. However, on 4-12-1997 a chargesheet had been issued against the appellant for a major penalty under rule 14 of the C.C.S. (C.C.A.) Rules, 1965. This was an event which took place subsequent to the selection by the Selection Committee. This event necessarily had to be brought to the notice of the Appointments Committee. Had this been brought to the notice of the Appointments Committee, there could be no doubt that the Appointment Committee would have rejected the name of the appellant. No further names were forwarded to the Appointments Committee and no step to initiate fresh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfirmation of that order by the High Court. Civil Appeal arising out of SLP (C) No. CC 4869 of 2000 is filed by the 2nd respondent. 2nd respondent seeks to challenge that portion of the High Court judgment where it is held that he had not challenged his rejection by the Appointments Committee. Civil Appeal arising out of SLP No. 6435 of 2000 is by the 1st respondent. The 1st respondent is aggrieved by the stricture passed against them for their conduct in showing favouritism and the fact that they have been directed to initiate process of selection of fresh candidates by the Selection Committee. 10. On behalf of the appellant, Mr. Goburdhan submitted that the 2nd respondent had no locus standi to file the petition before the Central Administrative Tribunal. It was submitted that the Appointments Committee had already rejected the name of the 2nd respondent and that rejection had not been challenged by him. It was submitted that once the 2nd respondent had not challenged his rejection, he had no locus standi to challenge the appointment of the appellant. On behalf of the 2nd respondent it was submitted that he had challenged both the selection of the appellant as well the rejection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttee headed by a nominee of the Chief Justice of India is constituted for the purposes of selecting a Member. All materials which are relevant, are to be placed before the Selection Committee. It is the Selection Committee which makes the selection on the basis of relevant materials. After the Selection Committee completes the exercise and recommends one or more names for appointment the recommendation along with the materials considered by the Selection Committee should be placed before the Appointments Committee without any further addition or alteration. If in an exceptional case the Appointments Committee feels that certain material which was not available to be considered by the Selection Committee has come into existence in the meantime and the material is relevant for the purpose of appointment, then, the matter should be placed before the Appointments Committee with the additional material for its consideration. Such a course in our view, will be in accordance with the scheme of the Rules and the purpose of making appointment to the important public office. We are constrained to observe that the notings made by the Secretary of the Appointments Committee in the file, as not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase it was held that the CLB was a Court. Based on this authority it was submitted that since the CLB is a Court, its Members could not be holding civil posts under the Union. It was submitted that both the Central Administrative Tribunal and the High Court erred in holding that the post of a Member, CLB was a civil post. 16. Both the Central Administrative Tribunal and the High Court have relied upon various Rules, notably Rules 6, 7, 10 and 13 of the said Rules and concluded that these Rules indicated control by the Government. It was held that as the Government had control, thus the post was civil post. It must be mentioned that we have reservation in accepting this view. However, for all these years the post has lain vacant. Even if we were to hold in favour of the appellant no useful purpose would be served. The 2nd respondent would have to be given time to challenge in a proper forum. On facts set out hereinabove the end result would be the same. The selection of the appellant would be set aside. The post would then lie vacant for the period it takes to dispose of that matter. The only sufferer would be the litigating public. As in this case the facts are very gross, we see ..... X X X X Extracts X X X X X X X X Extracts X X X X
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