B M VARMA Vs. STATE OF U P

JUDGEMENT

(1.) EARLIER a Writ Petition (No. 45950 of 2003) was filed by the petitioner on more or less identical facts and grounds, as the present petition. It had several defects and, therefore, not entertained on merits and dismissed on the request of the learned counsel for the petitioner himself without prejudice to the right of the petitioner to the fresh writ petition so as to enable the petitioner to overcome the defects, which had crept inadvertently. Petitioner, in the present writ petition, has claimed following reliefs :

(2.) PETITIONER has prayed for issuing a writ of certiorari to quash impugned order of termination of his services as Managing Director of Purvanchal Vidyut Vitaran Nigam Limited/respondent No. 5 (Annexure -6 to the writ petition) as well as order dated 18.10.2003 appointing in his place on Mukul Singhal/respondent No. 6 as interim measure and a writ of mandamus to continue the petitioner as Managing Director of the said company on the following grounds :

(3.) PETITIONER , in brief, pleads that U. P. Power Corporation Limited (for short called 'U.P.P.C.L.') is a Government company, registered under Companies Act, 1956, engaged in transmission and distribution of power to consumers in the State of Uttar Pradesh, in order to have effective control and distribution four sub -companies, including the Purvanchal Vidyut Vitaran Nigam Ltd., with Head Quarter at Varanasi were formed and registered under the Companies Act, 1956, ; post of Managing Director of other companies including Purvanchal Vidyut Vitaran Nigam Limited (hereinafter referred to as 'P.V.V.N. Ltd.') were advertised ; an interview letter dated May 29. 2003 (Annexure -1 to the writ petition) was issued calling the petitioner to attend the interview and the petitioner appeared for interview before Selection Committee (referred in Article 73, Articles of Association of the Company) which comprised of the following :