BINAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner is working as Director (Personnel) in the Public Sector Undertaking known as Power Grid Corporation of India which is impleaded as respondent No. 4. It is a common case that the appointment to the post of Director (Personnel) is a Board level appointment which is made by Central Government/Union of India (respondent No. 1) on the recommendation of Public Enterprises Selection Board (respondent No. 2) after the approval of Appointment Committee of Cabinet. The appointment of the petitioner is governed by terms and conditions contained in letter dated 9th June, 1999 by respondent No. 1. Reference to the relevant terms and conditions as incorporated in this letter would be made at the appropriate stage. At this stage it would be sufficient to mention that as per paragraph 13 of these terms and conditions conduct, Discipline and Appeal Rules framed by respondent No. 4 in respect of its non-working category staff are to apply to the petitioner mutatis-mutandi with the modification that Disciplinary Authority in his case would be the President of India, since the Appointing Authority is the President.

(2.) In the present petition the petitioner is aggrieved by the order dated 1st October, 1999 placing the petitioner under suspension with immediate effect. He has challenged this order on three counts, namely;

(3.) To appreciate the aforesaid challenge of the petitioner to his suspension, it would be useful at this stage to mention the facts in some more detail. However I may hasten to add that while elaborating the facts unnecessary details are avoided.