UNION OF INDIA Vs. C DINKAR

JUDGEMENT

(1.) THE controversy involved herein centers around the process of selection to be adopted for the coveted post of director of central bureau of investigation (in short 'cbi') particularly in view of the directions given by the Supreme Court in para 58[i (6)] of its judgment in the case of vineet narain and others v union of India and another.

(2.) THE present writ petition has been filed by the union of India against the order dated 8-2-2001 (Annexure-A) passed by the central administrative tribunal, Bangalore, in o. a. No. 1020 of 1999, -which was filed by the 1st respondent herein. The tribunal has held that non-consideration of respondent 1 in the selection process adopted for appointment of the 7th respondent-sri r. k raghavan to the post of director (cbd was contrary to the directions issued by the Supreme Court in vineet narain's case, supra. Accordingly, it quashed the order of appointment of Sri r. k. raghavan (respondent 7) to the post of director (cbd dated 31-12-1998 (annexure-r5) issued by the central government. This writ petition was heard earlier by a division bench comprised of ashok bhan and chidananda ullal, jj. But, because of difference of opinion among them, on the question of law involved herein, the matter has been placed before me for third judge opinion.

(3.) I have heard Sri soli sorabji, learned attorney general of india, appearing for the union and Sri c. Dinakar, the contesting respondent 1, who has appeared in person. Admitted and concluded facts: