HIGH COURT OF DELHI
SAMIR KUMAR DAS – Appellant
Versus
UNION OF INDIA AND ORS – Respondent
W.P.(C)-2209/2017
W.P.(C) 2209/2017
Page 1
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: June 23, 2021
+
W.P.(C) 2209/2017, CM No. 9667/2017
SAMIR KUMAR DAS
..... Petitioner
Through:
Dr. Samir Kumar Das, petitioner in
person.
versus
UNION OF INDIA AND ORS.
..... Respondents
Through:
Mr. Rakesh Kumar, CGSC with
Mr. Raghav Nagar, Adv.
for UOI/R-1, R-2, R-4, R-5 & R-6
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
J U D G M E N T
V. KAMESWAR RAO, J
1. The present petition has been filed by the petitioners with the
following prayers: -
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W.P.(C) 2209/2017
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petitioner.”
2.
In effect, the Writ Petition has been filed by the petitioner to set
aside the office order dated December 01, 2016, whereby on the
completion of tenure of the petitioner as the Chairman and Managing
Director (‘CMD’, for short), of F.C.I. Aravali Gypsum and Minerals
India Limited (‘FAGMIL’, for short), he was relieved of his duties and
for a direction that the respondent Nos. 1 and 2 reinstate the petitioner as
CMD, FAGMIL, the respondent No. 4 in this petition.
3. The facts as noted from the petition and submitted by the
petitioner are that while he was working at Project and Development
India Limited (‘PDIL’, for short), the Public Enterprises Selection Board
(‘PESB’, for short), under the administrative control of the Department
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of Fertilizers advertised the post of CMD, FAGMIL. He forwarded his
bio-data to PESB along with vigilance clearance from PDIL. He was
selected and consequent thereto, PESB and the Ministry of Chemicals
and Fertilizers, after taking clearance from the Central Vigilance
Commission (“CVC”, for short), through a presidential directive vide
letter No. 90/2/2010-HR-I dated March 03, 2011, appointed the
petitioner as the CMD of respondent No. 4. He was allowed to retain his
lien in PDIL for a period of five years with effect from March 07, 2011,
vide the PDIL office memorandum dated March 07, 2011 in consonance
with the Department of Public Enterprises (‘DPE’, for short) O.M. No.
23/19/98/GL-014/DPE dated January 13, 1999.
4. It was stated by the petitioner that the appointment of the
petitioner as CMD of respondent No. 4 was for 5 years and the said
period was extendable till superannuation on the basis of the criteria
fixed by the Appointment Committee of the Cabinet (‘ACC’, for short),
Department of Personnel and Training (‘DoPT’, for short), DPE and
PESB.
5. He stated that as per ACC rules issued on March 31, 2011, all
proposals where incumbents meet the benchmark and the Ministry
decides to recommend extension shall be referred to the ACC for
approval not later than two months before the scheduled expiry of the
term, and that in a Schedule ‘C’ company, extension can be granted by
the Cabinet Minister, but for non-extension/termination, the ACC is the
competent authority.
6. It was contended by the petitioner that he is entitled for
extension beyond the period of five years because according to the
PESB letter dated May 13, 2011, the date of superannuation of the
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petitioner is October 31, 2019. The petitioner further stated that on June
16. 2015, he submitted self-appraisal documents and requested for the
extension of service till his superannuation. He also stated that as per
PESB letter dated June 28, 2011, an overall performance score of 80 out
of a maximum 100 marks, is the bench mark fixed for extension of the
tenure of CMD/MD, without reference to the PESB. He has been
awarded an overall special performance score of 95 marks out of 100,
by the competent authority, i.e., the Department of Fertilizers.
However, his service was cut short by the office order dated December
01, 2016 whereby he was relieved of his post.
7. The petitioner submitted that the approval of the Cabinet
Minister for the impu