SUNIR KHURANA Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner seeks relief of extension of his tenure at the post of Director (Marketing) of the respondent no. 4 i.e MMTC Limited. The extension which is denied to him is in terms of the decision of the Appointments Committee of the Cabinet (ACC) dated 31.12.2013 and communicated to the petitioner by the communication dated 06.01.2014. These communications are prayed to be set aside by this writ petition.

(2.) There was an earlier litigation between the parties to this case, and the said earlier writ petition bearing W.P.(C) No. 7885/2012 was disposed of in terms of the order dated 23.07.2013 directing the Appointments Committee of the Cabinet (ACC) to take a decision on the appointment/continuation of the tenure of the petitioner to the post of Director (Marketing). This order dated 23.07.2013 reads as under:-

(3.) A reading of para 3 of the aforesaid order shows that it clearly states that it is the ACC which has to finally decide as to whether or not to give extension of tenure, and that this Court was not exercising any powers with respect to giving directions for appointment of the petitioner, and which powers are to be exercised only by the ACC.