SAROJ BALA Vs. UOI

JUDGEMENT

(1.) VIDE the instant petition, petitioner seeks for quashing and setting aside of appointment of Sh. Nirmal Singh, respondent no. 4 as Member / Acting Chairman of BIFR as well as orders of even date 31.10.2011 whereby, Sh. Nirmal Singh has been appointed as Member / Acting Chairman in BIFR till 09.01.2013 (on attainment of the age of 65 years) and was also allowed to assume charge as Member of BIFR in modification of the order assuming charge dated 03.11.2008.

(2.) THE Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as SICA) was notified on 08.01.1986 for revival of Sick Companies owning industrial undertakings. The Central Government under Section 4 of the SICA established a Board to be known as Board for Industrial and Financial Reconstruction (hereinafter referred to as BIFR). The constitution of Board consists of a Chairman and not less than 2 and not more than 14 other members to be appointed by Central Government.

(3.) THE methodology of appointment of member in SICA and the procedure laid down is as prescribed under the guidelines issued by Cabinet Secretariat and involved transaction of Business Rules, 1961.