Punjab engineers can't contest BBMB secy pick: Board to HC
Chandigarh, Sept. 12 -- The Bhakra Beas Management Board (BBMB) has told the Punjab and Haryana high court that three engineers from Punjab are like 'private persons' and have no locus standi to challenge the appointment process for the secretary's post.
In response to a petition filed by the three engineers from Punjab, the BBMB said, "The petitioners are employees of the State of Punjab and .are not working in the respondent Board. Therefore, the petitioners, being outsiders, have no locus standi to challenge the action of the respondent Board taken in the interest of the Board constituting internal functioning of an organisation."
On August 27, the high court stayed the appointment process on the pleas from these engineers challenging the criterion put out by the board.
The plea alleged that a "tailor-made" criterion was put in place for eligibility to appoint Surinder Singh Mittal, an executive engineer from Haryana posted at BBMB.
All three petitioner officers are superintending engineers from Punjab: Ramandeep Singh Bains, Maninder Singh, and Kewal Krishan.
The petition comes in the backdrop of a controversy that erupted in May-June, when Punjab did not allow the release of additional water to Haryana during the summer season. Even high court orders in this regard were not complied with. The petitions over the dispute are still pending before the high court.
According to BBMB, there is no discriminatory treatment meted out to the officers of Punjab, and in case of any conflict about the matters taken up by any partner state, the competent authorities can take up the same at the "appropriate forum" and not any "private persons" like the petitioners.
As per BBMB, the secretary's post is unlike the posts of chairman, whole-time members, etc. It was established in 1976, and an appointment is made by the chairman and not by the board. The chairman is fully competent to determine the conditions of appointment or criteria for selection of any officer of BBMB, including for the post of secretary, for which a criterion has been put in place for the first time, it added.
"The post of the Secretary is perceived as important only for the reason of having a seat in the head-office of BBMB and has direct reporting to chairman, BBMB. Usually, experienced officers working in BBMB and possessing in-depth knowledge of the working of BBMB are posted, but no one can claim posting as a matter of right," the board underlined, explaining why the criterion was put in place.
It further stated that an officer holding charge of secretary, on appointment, would continue to be with the respective cadre, ultimately returning to or being repatriated to the parent cadre, and would not become an employee of the board.
Denying the allegations of "tailor-made criterion" to appoint an officer from Haryana, the board has said that a total of 31 applications were received, and out of it, 17 eligible officers have been shortlisted by the committee. As of the criterion, it was evolved to help in short-listing candidates on "restricted parameters", the board has reasoned.
It also denied allegations with regard to the selection committee and said that only two members are from Haryana and one member is from central government services, and one is from Punjab. The high court would take up the matter now on October 14, as Punjab is yet to respond to the plea....
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