Kurian Joseph, J. - (1.) Diary NO. 4994 OF 2018 1. This petition has been filed with a delay of 240 days and there is no satisfactory explanation for the gross delay in filing the petition. 2. The Special Leave Petition is, accordingly, dismissed on the ground of delay. CIVIL APPEAL NO. 15034 OF 2017 1. Heard Mr. Ajit Kumar Sinha, learned senior counsel appearing for the appellant and Mr. C. U. Singh, learned senior counsel appearing for Respondent No. 3 and Mrs. V. Mohana, learned senior counsel appearing for the Union of India and Mr. Anand Nandan, learned counsel appearing for Respondent Nos. 1 and 2.
(2.) The issue in this appeal pertains to the appointment to the post of Chief General Manager under the Pension Fund Regulatory and Development Authority created in the year 2003. In 2011, applications were invited for appointment to the two posts of Chief General Manager. The appellant was one of the applicants. According to the third respondent, namely, the appointing authority, the appellant did not satisfy the qualification. It is also pointed out by the respondents that since the appellant did not satisfy the qualification, she was ineligible even for putting an application. The appointing authority relying on one condition in the advertisement regarding relaxation of any criteria/condition in deserving cases, it appears, relaxed the condition on qualification, which according to the appellant, was done across the board, though it is pointed out by the learned senior counsel appearing for the respondents that it is not true to facts.
(3.) There is no dispute that the Board of Directors of the appointing authority consisted of a nominee of the Government of India, among others. On the basis of the written test and the interview, the appellant was offered appointment on 31.05.2011 and the appellant joined duty on 01.07.2011. For the purpose of taking up the appointment under the third respondent, the appellant was required to resign from the post she was holding in IDBI Bank as Deputy General Manager. After completing the period of probation, the appellant was confirmed in service. Towards the end of the year 2013, some of the candidates who competed along with the appellant, but were unsuccessful, approached the Central Administrative Tribunal (in short, "CAT") challenging the appointment of the appellant. While the matter was pending before the CAT, the appellant was issued a Show Cause Notice on 21.02.2014 pursuant to a letter dated 17.02.2014 from the Ministry of Finance. Not being satisfied with the reply, the appointment of the appellant was cancelled on 13.03.2014.;