M.Y.EQBAL,J. - (1.) HEARD Mr. A.K. Sinha, learned Sr. counsel appearing for the petitioner, Mr. B. Mohanti, learned counsel appearing for respondent No. 4 and Mr. N.N. Sinha, learned Standing Counsel, Central Government.
(2.) THE petitioner has challenged the impugned order dated 14.2.2001 issued by the Under Secretary to the Government of India whereby and where -under respondent No. 4, Mr. N.K. Shar -ma has been made as Acting in charge of Chairman -cum -Managing Director, Coal India Limited and further for a writ in the nature of mandamus commanding upon the respondents to appoint the petitioner as regular Chairman -cum -Managing Director of Coal India Ltd. It appears that on 1.10.2000 the post of Chairman, Coal India Limited became vacant after retirement of Mr. P.K. Sengupta. The respondent Nos. 1 to 3 proceeded with the selection process for the aforesaid post and a panel of selected candidates was prepared in June, 2000 wherein the petitioner was placed at Serial No. 1 while respondent No. 4 was placed at Serial No. 2 petitioner's case is that one Mr. S.K. Verma who was not selected, filed a writ petition in Delhi High Court challenging the said selection of the petitioner and the said writ application was dismissed. In the meantime, one Mr. C.A. Araha was given additional charge of Chairman, Coal India Ltd. for three months or till fresh appointment in terms of the order dated 29.9.2000. When the petitioner, being selected and placed at serial No. 1, was not appointed as Chairman, he filed CWJC No. 4300/2000 seeking a writ of mandamus directing the respondents to appoint him as Chairman -cum -Managing Director of Coal India Ltd. The said writ application was dismissed on 20.2.2000 with certain observations. For better appreciation the operative portion of the order reads as under : - - 'So far the first relief claimed by the petitioner for issuance of appropriate writ directing the concerned respondents to give effect to the recommendation for appointment of the petitioner to the post of Chairman, Coal India Ltd. is concerned, I am of the view that this Court cannot issue writ of mandamus or any other writ directing the Union of India to appoint the petitioner to the post of Chairman, Coal India Ltd. It is well -settled that a mere selection or inclusion of name in the panel of selected candidates does not confer any right to appointment, but the appointing authority must give reasonable explanation for non -appointment. However, when the selection process for appointment to the post of Chairman, Coal India Ltd. has been initiated by the respondents, it is desirable that the respondent -Union of India should fill up the post of Chairman, Coal India Ltd. in accordance with law expeditiously. So far the prayer made by the petitioner for quashing the order dated 12th December, 2000 whereby the petitioner had the concerned respondent have been transferred and posted as C.M.D. in different subsidiaries of Coal India Ltd., I am of the view that the concerned respondents have every right to transfer one CMD from one subsidiary to another subsidiary. Learned counsel for the petitioner very fairly submitted that the petitioner has joined his transferred post and, therefore, he has no grievance. No relief, therefore, can be granted to the petitioner in this writ application, which is dismissed with the aforesaid observations.',
(3.) AGGRIEVED by the said order the petitioner filed LPA No. 16/2001. The appellate Court comprising of Hon'ble the Chief Justice issued notices to the respondents in order to know their stand as to why the appointment was not being made to the post of Chairman, Coal India Ltd. on 7.2.2001 the learned Additional Solicitor General of India appeared before the Division Bench of this Courtand made certain statements. On the basis of that statement the petitioner withdrew the appeal. The order dated 7.2.2001 passed by the Division Bench of this Court reads as under : 'Mr. Mukul Rohatgi, learned Additional Solicitor General of India appearing on behalf of the respondents has made a statement before us that the proposal with regard to appointment of the appellant as Chairman, Coal India Ltd. is pending consideration before the Appointing Committee of Union Cabinet and that, no final decision, this way or the other, has been taken by the ACC. He submitted that the appellant, therefore, has no cause or reason to come up at this stage and the writ petition filed by the appellant was' premature. Mr. Verghese, learned Senior Counsel appearing for the appellant on the basis of the aforesaid statement of the learned Additional Solicitor General of India wants to withdraw the appeal with liberty to approach this Court again, if a fresh cause of action accrues to his client. Based on the aforesaid statement and submissions of the learned counsel or the parties, we dispose of this appeal as having been withdrawn with a direction to the Secretary, Department of Personnel, Government of India to expedite the aforesaid consideration process.' ;