G P Roy v. U Oi & Ors.
Case brief
What is this about?
The High Court dismissed the appellant's challenge to the appointment of another candidate as CMD, holding that the appellant was ineligible due to misrepresentation of his past service and pay scale, rendering the non-appointment reasonable.
What the court decided
$~18
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- % DECIDED ON: 05.02.2016
- LPA 77/2016, CM Nos.4125-4126/2016
G.P. ROY
..... Appellant Through: Mr. Satish Kumar Tripathi, Advocate.
versus
UOI & ORS. ..... Respondents Through: Mr. Dibajyoti Behuria, proxy counsel for Mr. Ruchir Mishra, Advocate.
CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA
S.RAVINDRA BHAT, J. (ORAL)
- The appellant, in a writ petition- before this court, challenged the appointment of respondent No.3 as Chairman and Managing Director (CMD) of respondent No.4 - Hoogly Dock & Port Engineers Ltd (hereafter called HDPEL). The challenge was on the ground that the appointment was in violation of the relevant Rules and Regulations. An order quashing the appointment of the said third respondent, dated 3rd July 2006 was sought. The appellant-Petitioner also sought direction that he should be considered for the post of CMD, on notional basis as he has had retired. Further, he claimed the pay and allowances of CMD of HDPEL. Petitioner claimed retiral benefits on the basis of such notional selection and appointment. The writ petition was dismissed by the impugned judgment of the learned single judge.
Issues for consideration
3 issues framed by the court
Whether the High Court erred in dismissing the appeal challenging the appointment of the third respondent as CMD by failing to appreciate the appellant's ineligibility.
Whether the selection committee could lawfully withhold appointment from a listed candidate due to inaccurate claims regarding past service and eligibility.
Whether the failure to obtain ACA approval and initiation of disciplinary proceedings vitiated the respondent's appointment under Article 14.
Parties & counsel
- appellant
G.P. Roy
- respondent
Union of India
Coram
S. Ravindra Bhat
Case details
As recorded by the court registry
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