Union Of India & Ors vs Shiv Charan Lal Sharma on 27 July, 2015

1. Shiv Charan Lal Sharma, the respondent No.1 herein, filed a writ
petition being W.P.(C) No.8158/2013 inter alia praying for summoning the
records relating to his appointment in terms of the circular dated May 25,
2003, setting aside the communication dated April 02, 2013 regarding the
decision of the Appointments Committee of the Cabinet (ACC) rejecting his
candidature for the post of Presiding Officer, National Highway Tribunal (in
short the NHT), seeking a writ of mandamus directing the Union of India to
appoint him to the said post in terms of the circular dated February 25, 2003.
2. Vide the impugned judgment and order dated January 07, 2015 the

writ petition has been allowed, issuing a mandamus to the appellant Union
of India directing it to appoint Shiv Charan Lal Sharma as Presiding Officer,
NHT in terms of the recommendations dated September 18, 2003 made by
the Selection Committee constituted in terms of Rule 3(6) of the National
Highway Tribunal (Procedure for appointment as Presiding Officer of the
Tribunal) Rules 2003 (in short the Rules). Hence the present appeal by the
Union of India.

Source: Indian Kanoon

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