In a significant legal development, the Telangana High Court has issued an interim order suspending a directive from the Central Administrative Tribunal (CAT) in Hyderabad. The tribunal's order, dated December 29, had suspended Dr. Jaiteerth Joshi from his position as the Director General of the prestigious Brahmos missile project.
Court Halts Tribunal's Directive
A division bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin passed this interim order on Wednesday. The bench was hearing petitions filed by the Union Government of India and Dr. Jaiteerth Joshi, challenging the CAT's decision to suspend him. The court has directed the respondents, in whose favour the tribunal initially ruled, to file their counters within four weeks. Following this, the government and other parties have been granted an additional two weeks to file their replies, after which the matter will be taken up for further hearing.
The Root of the Controversy: A Seniority Challenge
The legal battle stems from a petition filed before the CAT by Dr. Sivasubramaniam Nambi Naidu, a Distinguished Scientist. Naidu contended that he was unjustly superseded by Joshi for the top post at Brahmos, despite being the senior-most candidate. Naidu, who is seven years senior to Joshi and has served as an Outstanding Scientist since 2017, challenged the appointment. Accepting his plea, the tribunal had ordered Joshi's suspension and instructed the Union Defence Ministry to appoint an in-charge until a final decision was reached.
Arguments for Leadership and National Interest
During the high court proceedings, Solicitor General Tushar Mehta, appearing virtually for the Union government, presented a robust defence. He informed the bench that Joshi's appointment was finalized by a high-level selection committee comprising top government officials and experts. Mehta emphasized that the decision was not based on seniority alone but considered several other critical aspects aligned with long-term national interests, given the strategic importance of the Indo-Russian Brahmos Missiles project.
Representing Dr. Joshi, Senior Counsel S Niranjan Reddy argued that the selection criteria for such a pivotal role extended beyond mere seniority. He stated the position required a leader with proven managerial abilities, corporate affairs responsibility, and experience in handling complex international projects like Brahmos. After recording these submissions, the bench proceeded to issue the interim order suspending the tribunal's directive.
The case highlights the complex interplay between administrative seniority and the selection of leadership for India's critical defence projects. The Telangana High Court's intervention puts the tribunal's order on hold, allowing for a more detailed legal examination of the appointment process. All eyes will now be on the counters and replies to be filed in the coming weeks as this high-stakes legal dispute continues.
