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: -

2021:DHC:1895

W.P.(C) 2209/2017

Page 2

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

2021:DHC:1895

W.P.(C) 2209/2017

Page 3

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

2021:DHC:1895

W.P.(C) 2209/2017

Page 4

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