ANAND DARBARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner has prayed for the following reliefs:

(2.) The facts that are necessary for the appreciation of the rival contentions of the parties could be recounted concisely in the following terms : On the 2nd of January, 1989, the petitioner was appointed as Chairman-cum- Managmg Director of the Cement of Corporation of India (hereinafter referred to as the 'CCr). In September, 1995, Vigilance clearance was given by the Central Vigilance Commission (hereinafter referred to as 'CVC) for the proposed appointment of the petitioner as the Chairman of Rashtriya Chemicals & Fertilizers Ltd The petitioner did not join the post. In December, 1995, there were some complaints received by the first respondent, the Department of Heavy Industry, Ministry of Industry. The first respondent did not find any substance in the complaint The petitioner was granted extension for three years from February, 1996 upto the 31st of December, 1998.

(3.) The petitioner was functioning as the Chairman-cum-Managing Director of CCI on the date of filing of the writ petition. In or about September 1996 the petitioner was considered for the post of Chairman, Airport Authority of india and was placed at No. 1 in the panel drawn by the PESB (Public Enterprises Selection Board). The Department of Heavy Industry, Ministry of Industry examined the same complaint again and could not find anything against the petitioner The first respondent sought for vigilance clearance for the appointment of the petitioner as Chairman, Airport Authority of India. In March, 1997, at the instance of the CVC the Department of Heavy Industry, Ministry of Industry appointed a Two-Member Committee of two senior officers to examine the case and that Committee came to the conclusion that there was no substance in the complaint against the petitioner On the 13th of May, 1997, the Department of Heavy Industry, Ministry of Industry' wrote to the CVC on the point as according to the Ministry, the case against the petitioner had to be closed. On the 23rd of May, 1997, the CVC wrote to the Union ot India, Department of Heavy Industry, in the following terms ;