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2023 Supreme(Del) 5767

V. KAMESWAR RAO
Abhay Kumar Srivastava – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Sanjeev Ralli, Sr. Advocate with Mr. Shubham Yadav, Advocate, Mr. Ravi Kant Yadav, Advocate and Mr. Chetanya Baweja, Advocate, for the Appellant; Mrs. Bharathi Raju, Sr. Panel Counsel for UOI, for the Respondent.

JUDGMENT

V. Kameswar Rao, J. - This petition has been filed impugning the order of the respondents dated December 11, 2012 terminating the services of the petitioner and the order of the Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal, hereinafter) dated August 10, 2015 affirming the termination.

2. At the outset, we may briefly narrate the facts of the case, as set out in the petition. The petitioner on being selected by Public Enterprises Selection Board and upon approval from Appointments Committee of the Cabinet (ACC) was appointed as the Chairman and Managing Director (CMD) of National Aluminium Company Limited (NALCO) w.e.f. October 1, 2009. As per the terms of appointment, the petitioner was appointed for a period of five years or till the age of superannuation or until further orders, whichever was earlier. Further, the terms of appointment stated that his services could be terminated by either side by giving three (3) months' notice or payment of salary in lieu thereof. Further the terms of appointment stipulated review of performance after comple

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