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IN THE HIGH COURT OF DELHI
V. Kameswar Rao, J.
Sanjay Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 6041 of 2021, CM Nos. 19109 of 2021 and 27059 of 2021
Decided On : 20-12-2021




The court established that suspension and dismissal must adhere to proper procedures outlined in the organization's Articles of Association, requiring prior governmental approval and observance of due process.

Headnote:(A) Articles of Association of CEPC - Article 40(6), Article 75, Article 76 - Writ petition challenging suspension of Executive Director-cum-Secretary on grounds of improper procedure and alleged mala fides - Appellant confirmed in service as of 01.01.2018; claims issuance of directives by Ministry were exceeded - Respondents maintained authority to remove with prior approval; arguments concerning validity of appointments discussed - Court upheld the necessity of proper procedures before dismissal - Judicial review applies only where public duty is involved. (Paras 50, 54, 64)

(B) Judicial Review - Scope - Writ petitions challenging internal decisions must show infringement of public rights for maintainability - Central Government directives must respect statutory frameworks of authority. (Paras 39, 54)

(C) Disciplinary Proceedings - Proper procedure for suspension requires established guidelines and opportunity for representation - Suspension acts must align with defined Service Rules balancing administrative oversight. (Paras 66, 69)

Facts of the case:
The petitioner, serving as Executive Director-cum-Secretary of CEPC, faced suspension initiated by the Ministry following various complaints. The suspension letter lacked substantiation of due process, questioning the authority exercised under the Articles of Association.

Findings of Court:
The court affirmed the suspension's legitimacy under service rules but emphasized that final decisions must be made in adherence to procedural fairness.

Issues: Addressed include the validity of the Ministry's authority in suspension, maintainability of the writ petition, and alleged procedural improprieties in the suspension process.

Ratio Decidendi: The court underscored the need for adherence to proper disciplinary procedures and due process in employment matters while determining the role of governmental oversight within the framework of the Articles of Association.

Result: Petition dismissed.

Table of Content
1. petition filed for quashing removal letters (Para 1 , 2)
2. background of petitioner's appointment and confirmation (Para 3 , 4 , 5 , 8)
3. discharge order amidst administrative changes (Para 6 , 7 , 15)
4. disputes over maintainability of petition (Para 9 , 10 , 11 , 12)
5. required approval for appointment and extensions (Para 13 , 20 , 21)
6. governing rules and misconduct allegations (Para 14 , 18 , 24)
7. complications in proper procedures followed (Para 25 , 26 , 27)
8. disclosure of key documents concerning confirmation (Para 28 , 29)
9. arguments concerning coa operation and powers (Para 31 , 32)
10. suspension and show cause notice procedures (Para 33 , 34 , 35 , 36)
11. court's ruling on suspension and show cause (Para 49 , 65)
12. maintaining authority under article 40(b)(6) (Para 50 , 51 , 52 , 54)
13. entitlement of subsistence allowance (Para 64 , 68)
14. outcome of other applications (Para 71 , 72)

JUDGMENT

V. Kameswar Rao, J. This petition has been filed with the following prayers:

    "(i) Issue a writ of certiorari and/or any other appropriate writ, order and/or directions for quashing/setting aside the impugned letter dated 12.06.2021 issued by the Respondent No. 4 on behalf of the Respondent No. 2 and the letter dated 23.06.2021 by the Respondent No. 3 and all consequential proceedings emanating therefrom as illegal, unconstitutional, null and void.

    (ii) Issue a writ of certiorari and/or any other appropriate writ, order and/or directions and restrain the Respondent No.3 from taking or initiating any action against the Petitioner in scheduled COA Meeting dated 02.07.2021.

    (iii) Award suitable compensation for causing mental and physical harassment to the petitioner.

    (iv) Pass any other or further order which this Hon'ble Court may deem fit and proper in the interest of justice"

2. The petitioner in the present petition is the Executive Director-cum-Secretary (`EDCS', for short) at the Carpet Export Promotion Council (`CEPC', for short and respondent No. 3 herein) and is seeking to quash and set aside the letter dated June 12, 2021 issued by the Development Commissioner (Handicrafts), Ministry of Textiles, Government of India (respondent No. 2 herein), and the letter dated June 23, 2021 by the respondent No.3 whereby the petitioner has been issued a Show Cause Notice and suspended from the post of EDCS.

3. The petitioner applied for the post of EDCS at respondent No. 3/CEPC following advertisements dated August 30, 2017, August 31, 2017 and September 03, 2017. Thereafter, the petitioner along with other candidates was shortlisted and called for interview on January 14, 2017 by the Selection Committee. After interview, the Selection Committee empanelled the petitioner at Serial No. 2 for further consideration. Vide letter dated November 21, 2017, the respondent No. 3 sought approval from respondent No. 2 with regard to engagement of the petitioner as EDCS on a probation of one year. Consequently, the respondent No. 2, vide letter dated November 27, 2017, conveyed to respondent No. 3 that it had been directed to communicate approval of the Competent Authority for engagement of the petitioner as EDCS in the respondent No. 3 on a probation of one year as per the Service and Recruitment Rules in pursuance of the powers conferred under Article 40(6) of the Article of Association (`AOA', for short) of the respondent No. 3. On November 28, 2017, the petitioner received a letter from the respondent No. 3 regarding his engagement as EDCS on probation for a period of one year in the 7th CPC Pay Matrix Level 12, i.e., Rs.78800/- to Rs.2,09,200/- plus allowances as admissible under the rules of respondent No. 3. Subsequently he was appointed to the said post of EDCS vide order December 01, 2017. The said order also entailed that during the probation period, the petitioner's work shall be assessed and that his services could be terminated at any time if his work and conduct was found unsatisfactory. Pursuant to this

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