GIRISH KUMAR Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) Order of 24th January, 2018 (Annexure P-1 Colly) declines to confirm petitioner as Director (Bengaluru Complex), Bharat Electronics Limited (BEL) and the denial of confirmation has been communicated to petitioner vide order of 13th February, 2018 which is under challenge in this petition.

(2.) Learned counsel for petitioner submits that petitioner was appointed as Director (Bengaluru Complex), Bharat Electronics Limited (BEL) on 26th February, 2016 and he had assumed charge on 1st May, 2016. Letter of 26th September, 2016 (Annexure P-11) spells out the terms and conditions of petitioner's appointment as a Director with effect from 1st May, 2016.

(3.) As per appointment letter (Annexure P-11), petitioner's tenure was for a period of five years and after expiry of first year, petitioner's performance was required to be reviewed to enable the Government to take a view regarding continuance of petitioner or otherwise, for the balance period of his tenure. Learned counsel for petitioner submits that petitioner had successfully completed his first year as Director (BC) and his performance was required to be reviewed on or before 1st May, 2017. It is submitted by petitioner's counsel that as per the Office Memorandum of 31st March, 2011 (Annexure P-13) proposal for petitioner's confirmation as Director (BC) was to be sent to Public Enterprises Selection Board (PESB) within 30 days after the expiry of one year, if petitioner is not to be confirmed, otherwise it would be a deemed confirmation. It is further submitted that as per OM (Annexure P-13) if petitioner was not to be confirmed for reasons other than performance such as vigilance issues etc., then such proposal was to be submitted to the Appointment Committee of Cabinet (hereinafter referred to as ACC) directly at least 30 days in advance of the expiry of the scheduled tenure of such incumbent.