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James K.Joseph vs The Union Of India on 17 June, 2011 cites

Oil & Natural Gas Commission vs Utpal Kumar Basu on 23 June, 1994

11. Mr. P. Parameswran Nair, the learned Assistant Solicitor General submits that there is absolutely no merit or bonafides in the case, as the IB report was based on the actual facts and figures, which is very much discernible from the relevant files. The learned ASG has also made available two different files, one bearing No. A 11013/13/2004-AT of the W.A No. 1269 of 2011 :14: Ministry of Personnel, Public Grievances and Pensions (DOPT), containing the proceedings, including that of the selection committee and the other one bearing No. AC(N)/Sectt - 25-95 from the office of the Comptroller and Auditor General of India. The learned Assistant Solicitor General submits that there were serious complains with regard to the appointment of some casual labourers related to the staff of the Accountant General's office and such 'en-amass recruitments' were effected during the tenure of the appellant, while he was holding the office of the Accountant General at Thiruvananthapuram. It is stated that, based on the complaints and further correspondences, the Comptroller and Auditor General at New Delhi had ordered an 'Enquiry' to be conducted into the matter, so as to unearth the actual facts and figures. The complaints, paper reports, the various correspondences between the authorities concerned and the order passed by the CAG, as included in the second file, are produced for perusal of the Court. The learned ASG also submits that the appellant has chosen the wrong forum and that this W.A No. 1269 of 2011 :15: Court is not having territorial jurisdiction to deal with the issue, in view of the admitted pleadings and proceedings. Reliance is sought to be placed on the decisions rendered by the Apex Court in Oil and Natural Gas Commission Vs Utpal Kumar Basu and Others [(1994) 4 SCC 711], Kusum Ingots and Alloys Ltd. Vs. Union of India and another [(2004) 6 SCC 254) and that of a Division Bench of this Court in Capt.
Supreme Court of India Cites 13 - Cited by 650 - A M Ahmadi - Full Document

M/S. Kusum Ingots & Alloys Ltd vs Union Of India And Anr on 28 April, 2004

11. Mr. P. Parameswran Nair, the learned Assistant Solicitor General submits that there is absolutely no merit or bonafides in the case, as the IB report was based on the actual facts and figures, which is very much discernible from the relevant files. The learned ASG has also made available two different files, one bearing No. A 11013/13/2004-AT of the W.A No. 1269 of 2011 :14: Ministry of Personnel, Public Grievances and Pensions (DOPT), containing the proceedings, including that of the selection committee and the other one bearing No. AC(N)/Sectt - 25-95 from the office of the Comptroller and Auditor General of India. The learned Assistant Solicitor General submits that there were serious complains with regard to the appointment of some casual labourers related to the staff of the Accountant General's office and such 'en-amass recruitments' were effected during the tenure of the appellant, while he was holding the office of the Accountant General at Thiruvananthapuram. It is stated that, based on the complaints and further correspondences, the Comptroller and Auditor General at New Delhi had ordered an 'Enquiry' to be conducted into the matter, so as to unearth the actual facts and figures. The complaints, paper reports, the various correspondences between the authorities concerned and the order passed by the CAG, as included in the second file, are produced for perusal of the Court. The learned ASG also submits that the appellant has chosen the wrong forum and that this W.A No. 1269 of 2011 :15: Court is not having territorial jurisdiction to deal with the issue, in view of the admitted pleadings and proceedings. Reliance is sought to be placed on the decisions rendered by the Apex Court in Oil and Natural Gas Commission Vs Utpal Kumar Basu and Others [(1994) 4 SCC 711], Kusum Ingots and Alloys Ltd. Vs. Union of India and another [(2004) 6 SCC 254) and that of a Division Bench of this Court in Capt.
Supreme Court of India Cites 13 - Cited by 856 - S B Sinha - Full Document

Shankarsan Dash vs Union Of India on 30 April, 1991

This does not mean that the appellant has actually committed any misconduct or offence, with regard to which, we do not express any opinion at all, as the same can be established only in an 'Enquiry'. But the fact remains that an 'Enquiry' was ordered by the CAG, as revealed from the relevant file. This being the position, it cannot be said that, anything wrong or anything contrary to the facts and figures was submitted/pointed by 'Mr. A.N Tiwari', the then Secretary (Personnel) or anybody else in the Ministry, with any malicious intention, to cause the selection committee to remove the name of the appellant from W.A No. 1269 of 2011 :28: the select list. Even otherwise, a select listed candidate does not have any vested right to be appointed, in view of the law declared by the Constitution Bench of the Apex Court in Shankarsan Dash Vs. Union of India [(1991) 3 SCC 47]. This being the position, the contentions raised by the appellant fail on merits as well.
Supreme Court of India Cites 3 - Cited by 1160 - L M Sharma - Full Document
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