A K CHOPRA Vs. APPAREL EXPORT PROMOTION COUNCIL

JUDGEMENT

(1.) The petitioner, who was working in the Apparel Export Promotion Council, for short, A.E.P.C., has preferred this petition, against his removal from service by the Director General by the order dated 25th October, 1994. The petitioner has challenged the validity and legality of this order and has prayed that the order be quashed and the petitioner be treated as continued in service. He further prayed that he be granted all arrears of salary, allowances and other monetary and service benefits.

(2.) This case has a chequered history, against the order of removal, the petitioner had earlier filed a writ petition, being C.W.P. No. 1675/91, before this Court which came up for hearing before a Division Bench consisting of D.P. Wadhwa and R.L Gupta, JJ. The Division Bench allowed the writ petition filed by the petitioner and respondents 1 to 3 were directed to act upon the decision of the staff committee taken in its 34th meeting dated 25.7.1990, deciding the appeal of the petitioner, meaning thereby that the order of removal was set aside and the petitioner was directed to be reinstated with all consequential benefits.

(3.) The Apparel Export Promotion Council preferred a Special Leave Petition before the Supreme Court of India against the judgment of the Division Bench dated 30.3.1992. The Supreme Court by its order dated 26.8.1994 set aside the order of the High Court and held that the alleged decision taken on the said-agenda No. 5 in the 33rd and 34th meeting in dispute and final decision on the same has not yet been taken and the alleged resolution on item No. 5 still awaits ratification. The Supreme Court held that the High Court was wrong in deciding the disputed questions of fact in favour of respondent No. 1. The order of the High Court was primarily set aside because the final decision on the resolution taken on the said agenda No. 5 has not yet be finally ratified. The Supreme Court further observed that "we are not inclined to consider the other questions sought to be raised in this appeal and the said questions are kept open." The Supreme Court further directed the appellant Company to convene the meeting of the Staff Committee as early as practicable but not exceeding two months so that the question of ratification of the resolution on the said agenda No. 5 taken in the meeting of the Staff Committee is finally decided.