PARESH NATH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was appointed as Director (Finance) of respondent no.3 on 10.4.1995 after going through the due process of selection for a period of five years and completed the tenure on 14.5.2000. A selection Board was again held which recommended the appointment of the petitioner for another five years period of time and on 13.11.2000 an order was passed by respondent no.3 for continuation of the petitioner until further orders.

(2.) The second appointment on regular basis for period of five years did not take place as the Central Vigilance Commission, respondent no.4 had not granted its clearance and the order dated 13-11-2000 was passed pending such clearance from respondent no.4.

(3.) Respondent No.4 conducted a preliminary enquiry in respect of certain complaints against the petitioner during his tenure with respondent no.3 and submitted its recommendations to the Ministry of Commerce which recommended major penalty proceedings should be held against petitioner in respect of certain charges after holding the departmental enquiry. On 4.5.2001 a charge sheet was issued to the petitioner. There has been certain interim exchange of views since the Central Vigilance Office of the Ministry had recommended that the enquiry against the petitioner should be brought to an end but when the matter was again referred to the CVC, the said view did not find favour with CVC-respondent no.4.