In a significant ruling, the Hyderabad bench of the Central Administrative Tribunal (CAT) has struck down the appointment of Jaiteerth R Joshi as the Director General of the prestigious Indo-Russian missile venture, BrahMos. The tribunal found the selection process to be fundamentally flawed and arbitrary.
Bench Cites Clear Arbitrariness in Selection
The bench, comprising Judicial Member Lata Baswaraj Patne and Administrative Member Varun Sindhu Kul Kaumudi, delivered its verdict on Monday. It set aside the original appointment order dated November 25, 2024. The judges were unequivocal in their criticism, stating there was "manifest arbitrariness" in the decision made by the respondents, which included the Central government and the Chairman of the Defence Research and Development Organisation (DRDO).
The tribunal's order clarified that while the Standard Operating Procedure (SOP) allows the Secretary of the Directorate of Defence Research and Development (DDR&D) and the DRDO Chairman to approve one name from a selection panel, this power is not absolute. "It does not mean that the said authority can ignore the entire service record of the other scientists included in the panel," the bench emphasized.
Experience and Eligibility at the Heart of the Dispute
The case was brought before the CAT by Sivasubramaniam Nambi Naidu, a Distinguished Scientist within the DRDO, who was one of the three candidates shortlisted for the top post. The tribunal's detailed comparison of the candidates' credentials revealed stark contrasts.
According to the order, Naidu had completed the requisite 6-year residency period as an Outstanding Scientist by 2023, having been appointed to Scientist 'H' grade in August 2017. In contrast, Jaiteerth R Joshi was appointed to the same Scientist 'H' grade only in July 2023, giving him barely a year of experience at that level before his selection as DG.
"We are surprised to note that the 5th respondent (Joshi) with only about one year experience as Scientist 'H' has been appointed to the post of DG BrahMos," the bench remarked. It further noted that while both candidates scored 80 marks in the assessment, Naidu's status as a Distinguished Scientist placed him on a "higher pedestal." The tribunal failed to comprehend how Joshi, who was not even eligible for the Distinguished Scientist rank, was preferred over Naidu.
Discretionary Power Cannot Be Absolute
The tribunal also addressed the provision for discretionary powers under exceptional circumstances. It pointed out that no such exception was demonstrated or justified in this instance to bypass Naidu's candidature. Relying on a precedent set by the Andhra Pradesh High Court, the bench reinforced that "absolute discretion of power of an authority is inconsistent with the principles of Constitutional governance."
This ruling underscores the necessity for transparency and merit-based evaluation in high-level government appointments, especially in critical defence organizations. The quashing of the appointment sends a strong message about the need to adhere to established procedures and respect seniority and experience in sensitive posts.
The decision now leaves the position of Director General at BrahMos vacant, and it is expected that the Centre and DRDO will have to re-initiate a selection process that strictly conforms to the tribunal's observations on fairness and non-arbitrariness.
