D. Datta, J. - (1.) The petitioner is the Container Terminal Manager of the Kolkata Port Trust (hereafter the Trust) since 20.2.1995. He challenges the process of selection leading to appointment of Sri Sanjoy Mukerji, respondent No. 7, as Chief Mechanical Engineer of the Trust. It is, however, not disputed at the bar that the respondent No. 7 on being selected and offered appointment in the post of Chief Mechanical Engineer of the Trust accepted such offer, joined the post and has since resigned with effect from 29.12.2008.
(2.) Notwithstanding such resignation, the petition would not fail for one of the contentions of the petitioner is that his candidature was not considered in the proper perspective. It was contended by Mr. Moitra, learned Senior Advocate representing the petitioner that remarks made against the petitioner, in the comparative statement/broad -sheet containing particulars of contenders for the post that was placed for consideration of the Selection Committee members, were unwarranted since 'direct recruitment' was the method adopted for recruitment. He contended that the fact of pendency of disciplinary proceeding against the petitioner, which has not been concluded even today, ought not to have been included since it was irrelevant and the members of the Selection Committee must have been influenced thereby resulting in the petitioner not being found to be suitable.
(3.) The other ground of challenge is that the respondent No. 7 was not qualified to offer his candidature for the post of Chief Mechanical Engineer since he did not gain work experience while serving in a Major Port Trust/Government Department / Semi -Government Organization / Public Sector Undertaking/Autonomous Body. That apart, he lacked 15 years' experience in a managerial capacity dealing with mechanical/electrical or marine engineering works in any of the organisations prescribed in the recruitment regulations, which was an essential requirement. He also lacked experience in a responsible position in Project Management and operation of Cargo Handling Equipment and Port Crafts, which was a desirable requirement.;