FEDERATION OF NEEPCO EMPLOYEES Vs. NORTH EASTERN ELECTRIC POWER CORPORATION LIMITED

JUDGEMENT

(1.) The writ petitioners herein, are before this Court praying for appropriate orders for initiation of disciplinary action against the officers of the respondent Corporation in connection with the promotions that had been made from Assistant (SG) (W-A) to Junior Executive Supervisor (S-1) conducted by the respondent No. 5 (DPC) on 21/2/2012 to 23/2/2012 w.e.f. 1/1/2012 and further for setting aside the impugned enquiry report submitted by the respondent No. 6 (CVO) and for further direction to direct the respondent No. 8 (CVC) institute an impartial inquiry.

(2.) The grievance of the petitioner Union, which is stated to be a Federation of NEEPCO Employees, is that the respondent NEEPCO had constituted a Departmental Promotion Committee to fill up 35 vacancies by promotion, from the post of Assistant (SG) (W-A) to Junior Executive Supervisor (S-1) and in this exercise 76 employees holding the post of Assistant (SG) (W-A) were called for interview, out of which 27 candidates were declared successful and recommended for promotion. However, it is alleged that contrary to the roster which had earmarked 17 posts for General candidates and 18 for Schedule Caste candidates, the respondent had indulged in large-scale malpractice and manipulation in the promotion process in total disregard to fairness and transparency.

(3.) Mr. H.L. Shangreiso, learned Senior counsel assisted by Mr. P. Shati, learned counsel for the petitioner, firstly submits that the fundamental grievance of the writ petitioner is that there has been a manipulation by the respondent NEEPCO in the said selection, which is apparent from the assessment sheets, inasmuch as, candidates securing lesser marks were promoted by denying other meritorious candidates and that some who had failed, were given promotions illegally. The learned Senior counsel submits that these discrepancies came to the notice of the petitioner Union, when they had received a Note Sheet maintained by the respondent No. 5, Departmental Promotion Committee (DPC) as well as an Assessment Sheet for promotion w.e.f. 1/1/2012, containing the list of successful and un-successful candidates in 2014 from the Executive Director (HR) while the said person was in service but, who had later expired in 2016.