In a significant development, the Telangana High Court has put on hold an order from the Central Administrative Tribunal (CAT) that had suspended Jaiteerth R Joshi, the Chief Executive Officer and Director General of BrahMos Aerospace. The interim stay was granted on Wednesday by a division bench.
Court Proceedings and Key Arguments
The bench, comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin, issued the interim order while hearing petitions filed by the Union government and Joshi himself. These petitions challenged the CAT's suspension order dated December 29 last year.
The High Court has directed the respondents, who had won the case in the tribunal, to file their counters within four weeks. The Centre and other parties were granted an additional two weeks to file their replies. The court has scheduled the next hearing for February 24.
Appearing virtually for the government, Solicitor General Tushar Mehta defended Joshi's appointment. He stated that a selection committee comprising senior central government officials and experts had finalized the decision. Mehta emphasized that the committee considered not just seniority but also long-term national interest and the strategic importance of the BrahMos missile project.
The Background of the Dispute
The legal tussle began when DRDO distinguished scientist Sivasubramaniam Nambi Naidu challenged Joshi's appointment before the CAT. Naidu claimed he was unfairly superseded despite being the senior-most candidate, with seven years more seniority than Joshi and an outstanding scientist since 2017.
In its order, the CAT had suspended Joshi and directed the defence ministry to appoint an in-charge Director General until a final decision was made. Representing Naidu, his counsel argued that his client had an impeccable service record, including Prime Minister’s medals, and was promoted as "distinguished scientist" before the vacancy reference date.
Naidu's legal team also faulted the selection committee, citing the central government's own reply which allegedly admitted that the panel was recommended without indicating merit, contrary to standard operating procedure. They argued the absence of recorded deliberations showed non-application of mind and arbitrariness.
Defence of the Appointment
Senior counsel S Niranjan Reddy, appearing for Joshi, countered that the selection was based on a holistic assessment. He highlighted factors beyond excellence, such as leadership qualities, managerial ability, corporate affairs responsibility, and experience in handling international projects like BrahMos, which requires coordination between India and Russia.
Additional Solicitor General for Telangana HC, B Narasimha Sharma, presented another angle, stating that Joshi's appointment was merely a transfer to a different wing and not a promotion. He cited legal precedents holding that courts cannot interfere in public employment selections or substitute themselves for a selection committee's judgment.
BrahMos Aerospace is a critical strategic joint venture between India and Russia, responsible for the design, development, and marketing of the BrahMos supersonic missile systems. India holds a 50.5% stake in the venture, while Russian entities own the remaining 49.5%.
