TaxTMI 
TaxTMI 
2001 (10) TMI 1145
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....ualified in the written examination. Thereafter, respondent No. 1 appeared for interview before a Selection Committee consisting of Shri M.M. Goyal, Chief Engineer as Chairman, respondent No. 2 herein, Shri Ram Deo, Chief Personnel Officer (Admn.) and Shri Binod Prasad, Chief Electrical Engineer. His interview took place on May 20 and 21, 1994.The selection proceedings were finalised by the Selection Committee on May 25, 1994.On May 27, 1994 a cassette was delivered anonymously to the Chief Personnel Officer who in turn passed it on to the members of the Selection Committee. Thereafter, the Selection Committee met again on May 30, 1994 and took on record the transcript of the cassette anonymously delivered. After recording certain proceedin....
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....o the post of Inspector of Works in the Grade of Rs. 20003200 on compassionate ground.On completion of his training he was posted in the office of the Chief Engineer, North-Eastern Railway, Gorakhpur. In April 1991 he opted for an assignment in the Railway Vigilance Department and was posted as Chief Vigilance Inspector. Thereafter, he was sent on deputation to the Indian Railway Construction Company and was posted in Malaysia for a period of one year from May 1992 to May 1993.On completion of his deputation period he returned to India in May 1993 and resumed his duties in the post of Chief Vigilance Inspector. Respondent No. 1 alleged in his application before the Tribunal that while he was in the Vigilance Department he had conducted a....
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....o arrive at the suitability of the candidate for promotion; that viva voce test carries 50 marks out of which 25 marks are earmarked for the record of service and the remaining 25 marks are allotted for adjudging the personality, leadership, address, academic and technical qualifications, etc.; that it is essential for the candidate to secure a minimum of 15 marks out of 25 marks for the record of service also he must secure a minimum of 30 marks out of total 50 marks in the viva voce test; that there is no separate allocation of marks for personality, leadership, address, academic and technical qualifications, etc. Respondent No. 2 also filed an affidavit denying that he was related to Shri Sanjai Mittal. Respondent No. 1 thereafter filed ....
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....nal should not have proceeded on line proving moral indicated in one of Aescops Fable of the lamb and the wolf when the complaint was that the stream was being polluted by the lamb and if not by it by any of its forefathers. The approach of the Tribunal in this regard is by no reason good enough to chastise the said respondent No. 2 and condemn the proceedings conducted not only by him but other officers who are of equivalent rank. There is always a presumption in favour of administration that it exercises powers in good faith and for public benefit. The burden is on the individual to produce sufficient material to suggest of the mala fides of the concerned authority and it is not easy to discharge the same. The Tribunal considered the t....
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....r to consider in what manner the interview should have been conducted, whether the marks should have been allotted in a particular manner or otherwise and whether awarding 3 marks out of total 25 marks was justified in the present case or not. So long as the bias of the Selection Committee could not be proved, the only aspect that the Tribunal ought to have considered was whether there was compliance with the relevant rules in the conduct of interview. The Tribunal upheld the contentions of the appellants that allotment of marks need not be faculty wise and it is open to the members of the Selection Committee to make an over all assessment of the interviewed candidate. Again, the contention as regards tape recording the questions and ans....