(1.) This petition has been filed impugning the order of the respondents dated December 11, 2012 terminating the services of the petitioner and the order of the Central Administrative Tribunal, Principal Bench, New Delhi ('Tribunal', hereinafter) dated August 10, 2015 affirming the termination.
(2.) At the outset, we may briefly narrate the facts of the case, as set out in the petition. The petitioner on being selected by Public Enterprises Selection Board and upon approval from Appointments Committee of the Cabinet (ACC) was appointed as the Chairman and Managing Director (CMD) of National Aluminium Company Limited (NALCO) w.e.f. October 1, 2009. As per the terms of appointment, the petitioner was appointed for a period of five years or till the age of superannuation or until further orders, whichever was earlier. Further, the terms of appointment stated that his services could be terminated by either side by giving three (3) months' notice or payment of salary in lieu thereof. Further the terms of appointment stipulated review of performance after completion of one year of service. The NALCO Conduct, Discipline and Appeal Rules, 1984 ('CDA Rules', hereinafter) were made applicable to the services of the petitioner and the petitioner was eligible for superannuation benefits/benefits as per the Office Memorandum dated November 26, 2008 and February 4, 2009. Upon joining as CMD, NALCO, the service benefits the petitioner had earned with his previous employer- Cement Corporation of India Ltd. (CCI), including an earned leave of Rs.6,81,480.00 and gratuity of Rs.2,24,130.00 were transferred to NALCO on a requisition made by NALCO in that regard.
(3.) The petitioner successfully completed first year of his service and as per the terms of appointment, the administrative Ministry assessed the performance of petitioner as "outstanding" and cleared him for continuing in service for the remaining tenure/period. On the basis of clearance proposal by the Ministry, the Public Enterprises Selection Board recommended confirmation of services of the petitioner till his superannuation i.e., till January 31, 2014.