AJAY KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant, in the writ petition out of which this appeal arises, had mainly prayed for quashing two communications dated 16th October, 2018 by which his confirmation in the post of Chairman-cum-Managing Director, Bharat Coking Coal Limited (BCCL) has in substance been declined. The first one was issued by the Director, Department of Ministry of Coal, Government of India, relieving the appellant from the said post with simultaneous repatriation to his lien post, being that of General Manager, Eastern Coalfields Limited. The second communication was of the same nature, issued by the General Manager (Personnel), Coal India Limited. The appellant had initially joined the service of Coal India Limited (CIL) as Junior Executive (Trainee) in the year 1983. He was thereafter transferred to Eastern Coalfields Limited (ECL), a wholly owned subsidiary of CIL and promoted to the post of General Manager there. He had given his joining on the said post on 1st March, 2009.

(2.) While serving as General Manager, Salanpur Area of ECL the appellant had responded to an advertisement published for filling up the post of Director (Technical) in ECL. He was selected for the said post and was appointed in that capacity on 15th September, 2016. So far as the post of Chairman-cum-Managing Director, BCCL is concerned, the Public Enterprises Selection Board (PESB) had published an advertisement inviting applications for appointment to the said post. A notice was also issued by the CIL through its Personnel Department inviting applications from eligible executives in respect of the said Board Level post. The appellant fulfilled the eligibility criteria thereof and upon going through the selection process was declared successful. We find from a chronological table disclosed in the counter-affidavit given before the learned First Court that PESB had recommended him for the said post on 14th June, 2017 and the Central Vigilance Commission (CVC) had given its clearance for the same on 7th August 2017. The proposal was sent to the DoPT for approval by the Appointments Committee of Cabinet (ACC) which also gave its approval. The appellant was appointed to the said post by an order/communication dated 25th September, 2017 which was sent to the CMD, CIL, by the Director, Ministry of Coal, Government of India marking a copy thereof to the appellant. The detailed terms and conditions of the appointment of the appellant was, however, communicated to him by a letter dated 8th February, 2018. The appointment letter of the appellant addressed to the CMD, CIL issued by the Director, Ministry of Coal, Government of India on 25th September, 2017 reads:-

(3.) The conditions of his appointment was communicated to the Chairman, CIL by one Sanjib Bhattacharya, Under Secretary, Ministry of Coal, Government of India by a letter dated 8th February, 2018. The copy of the said letter was also marked to the appellant. The extract from the said communication containing conditions which are relevant for adjudication of this appeal are reproduced below:-