PRAVEEN SAKHUJA Vs. S.K. SAXENA AND ORS.

JUDGEMENT

(1.) (Oral) - This is a petition filed under Art. 226 of the Constitution of India seeking a direction against the appointment of respondent no.1 as Director, Export Inspection Council of India (in short 'Council'), Ministry of Commerce and Industry, Dept. of Commerce and also seeking quashing of his appointment order dated 27.08.2009. It would be pertinent to mention that the petitioner was removed from employment of the Council on account of misconduct of having physically assaulted a senior officer, i.e., a former Joint Director of related organisation, i.e., the Export Inspection Agency, Delhi functioning under the Council (as seen from the counter affidavit of respondent Nos.1 and 2).

(2.) The petitioner has impugned the appointment of respondent no.1 after a lapse of almost seven years. The learned counsel for the petitioner states that the petitioner had been working with the Council since 1975 till he was removed from service in Sept., 2014. The petitioner took 18-20 months to prepare and file this petition. However, it is a matter of record that the petitioner did not raise any grievance against respondent no.1 when he was employed with the Council.

(3.) The petition is premised on the ground that the appointment of respondent no.1 to the post of Director (Inspection and Quality Control), is against the statute of Export Inspection Council (Director) Recruitment Rules, 1991 (in short the 'RRs'), is based on forged documents and the appointment has been obtained fraudulently. With reference to the RRs it is contended that although respondent No.1 does not in fact possess a Post Graduate degree in Science he has claimed to have a Ph.D. in Food Analytical Chemistry, M. Phil in Food Analytical Chemistry and M.Sc. in Food Chemistry.