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TMI Blog1996 (10) TMI 479X X X X Extracts X X X X X X X X Extracts X X X X ..... ments were made on the posts of Secretaries in March 1993. The respondent was not empanelled and hence he was not appointed as Secretary. Feeling aggrieved by the said nonconclusion in the panel, he filed a petition (O.A. No. 539 of 1994) before the Tribunal which has been allowed by the impugned judgment dated May 14, 1996. The Tribunal has declared that the action of the appellants in Omitting the name of the respondent from the panel prepared for appointment to the post of Secretary to the Government of India or equivalent post without proper consideration of his case is arbitrary, unsustainable and void and has directed the appellants to consider the suitability of the respondent for empanelment and appointment on the post of Secretary to the Government of India or equivalent post afresh as on the date on which respondents Nos. 2 to 10 herein were considered for empanelment after taking into account Annual Confidential Reports (ACRs) of the respondent for the relevant period and other relevant facts and materials in the light of the guidelines contained in paragraph 14 of the Central Staffing Scheme and, if on such consideration the respondent is found suitable, the Tribunal ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is vitiated because officers junior to respondent have been empanelled overlooking the seniority and merit of the respondent; and (iii)as the respondent had been empanelled and appointed as Additional secretary the non- inclusion of the respondent in the panel amounts to a colourable exercise of power and was a result of taking into consideration matters which are extraneous and the selection is vitiated by legal mala fides. None of these contentions found favour with the Tribunal. The Tribunal held that the principal Secretary to the prime Minister appointed by the Government of India is also a Secretary discharging governmental functions and there is nothing in the Central Staffing Scheme to show that a serving Secretary alone can function as a member of the special committee. The Tribunal also held that under the Central Staffing Scheme appointment to the posts of Additional secretary/Special Secretary and Secretary to the Government of India and equivalent post are filled on deputation basis on consideration of the various factors mentioned in the said Scheme and such appointment is not by way of promotion but by way of appointment after strict selection and evaluation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid ACRs the Tribunal has found that after his promotion on the post of Additional Secretary in 1990 the respondent had earned outstanding entries in the ACRs and excellent commendation from the Ministers concerned throughout. The Tribunal has also referred to the Minutes of the meeting of the Special committee of the Secretaries held on December 22, 1992 for the purpose of drawing up of the panel for holding the post of Secretary and equivalent post and has pointed out that in the said Minutes nothing is seen to be stated about the suitability or non-suitability of the respondent. According to the Tribunal, while empanelment is on the basis of strict selection though the reason for non-inclusion in the panel need not be intimated to the officer concerned, the selection proceedings should indicate as to how a senior member of the service did not deserve to be included in the panel. Since there is nothing to indicate in the Minutes of the Special committee of secretaries or in the file relating to the empanelment anywhere that there has been an application of mind to the merits of the respondent and his suitability for being appointed to the post of Secretary to the Government of In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... less the rules so require, the Selection Committee/Selection Board is not obliged to record reasons why are selecting a particular person, as the case may be [at p. 389]. The Tribunal was conscious of the limitations on its power and has observed :- Once a competent authority makes a selection for appointment or empanelment considering all those who are eligible in accordance with rules, instructions or guidelines then the Tribunal or High Court will not act as an appellate body and interfere on the ground of insufficiency of the material or incorrectness of the decision applying its own yard stick. If the decision making process is not vitiated the resultant decision cannot be interfered with by the tribunal on the ground that It if were the Tribunal which took the decision it would not have been the same. Even if on a perusal the file relating to the selection on a comparative assessment of the merits of the applicant viz-a-viz respondents 3-11, the Tribunal comes to a conclusion that the applicant was more meritorious than them, the Tribunal cannot interfere with the selection and empanelment. If it is seen that the Cabinet secretary assisted by a Special committee o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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