- (1.) GRIEVANCE of the petitioner, as ventilated in the present application under Article 226 of the Constitution, may briefly be stated as follows:-The petitioner was appointed on 5th March, 2005 as Secretary of the Institute of Cost and Works Accountants of India, being the respondent no. 1 herein. The President of the said Institute, being respondent No. 2 confirmed such appointment by letter dated 30th September, 2005. On 19th October, 2005, a Special Meeting of the lnstitute was held. It was resolved in such 227th Special Meeting of the Council that the petitioner would continue as Secretary and the action of the President confirming his appointment after completion of probation was ratified by the majority of the Members. The resolution adopted in the said meeting also mentions about the request of the President to the members that since the position of the Secretary of the Institute is the C. E. O. , members may avoid writing against him and extend all support and co-operation to him for smooth functioning of the Institute. In its 242nd meeting held on 1st September, 2007, it was decided that the Secretary's function would be attending to the affairs of the Council, liaison with the Government and outside agencies including Foreign Bodies and other matters that may be delegated to him from time to time. It was further decided that the Secretary would be posted at the Delhi office for the better liaison with the Government and that the c. E. O. would be in charge of the total administration of the Institute and would be posted at Kolkata-HQ.
(2.) IT was also decided that to avoid any such problem, steps should be initiated well in advance to recruit suitable persons for the posts of both Secretary and C. E. O. Recruitment for the said posts was decided to be routed through some established recruitment firms. The President was authorized to discuss about this with the firms and take decision. President was further authorized to negotiate and finalize regarding allotment of the assignment of recruitment to one such reputed firm. The Council approved the following resolution:- 'resolved that the President be and is hereby authorized by the Council to take immediate steps to discuss with firms like ABC consultants or PWC or Deloitte Touche Tohmatsu and engage one of them and assign them the task of selection of one person for the post of Secretary and another for the post of CEO. '
(3.) RESPONDENT No. 5 issued an advertisement in the 'economic times' published on 25th September, 2007 inviting application for the post of Secretary located at Delhi. This was followed up by further resolution adopted in the 344th meeting of the Executive Committee of the Council. Petitioner came to learn that Sri A. R. Subramanian had been recommended by the respondent Nos. 1, 2 and 3 and had been sought to be appointed to the post of Secretary at any point of time. No approval was taken for initiating such process of appointment to the post of another Secretary.;