SAMIR KUMAR DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by the petitioners with the following prayers: -

(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 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.