Delhi High Court Samir Kumar Das vs Union Of India And Ors on 23 June, 2021 Equivalent citations: AIRONLINE 2021 DEL 877 Judgment delivered on: June 23, 2021 + W.P.(C) 2209/2017, CM No. 9667/2017 SAMIR KUMAR DAS ..... Petitioner Through: Dr. Samir Kumar Das, petitioner in person. versus UNION OF INDIA AND ORS. ..... Respondents Through: Mr. Rakesh Kumar, CGSC with Mr. Raghav Nagar, Adv. for UOI/R1, R2, R4, R5 & R6 HON'BLE MR. JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J 1. The present petition has been filed by t h e pet itioners wit h t he following prayers: "It is, most respectfully prayed that this Hon'ble Court may graciously be pleased to take this present Writ Petition into the consideration and issue the appropriate writ or order or directions: a) Issue writ in nature of certiorari quashing the order dated 01.12.2016 and extract note dated 25.11.2016 as arbitrary, illegal and unconstitutional; and/or b) Issue writ in nature of mandamus/certiorari quashing the office memorandum dated 15.12.2016 issued W.P.(C) 2209/2017 Page 1 Respondent No. 1 & 2 as illegal and unconstitutional; and/or c) Issue writ in nature of mandamus directing the Respondent No. 1 & 2 to reinstate the petitioner as the Chairman & Managing Director of FCI Aravali Gypsum & Mineral India Limited in terms of circulars dated 31.03.2011, 13.05.2011, 28.06.2011 & 30.10.2014 with effect from 01.12.2016 with full back wages and benefits and/or d) Issue writ in nature of mandamus to the Respondent No. 1 & 2 to pay full pay and allowances along with interest considering the petitioner as on duty from the date of illegal removal till the date when one would have superannuated/retired in normal course i.e. on attaining age of 60 years. The present petitioner would be attaining age of 60 yrs on 27.10.2019; and/or e) Pass any other further orders as is deemed to be fit and proper in the discharge of justice in favour of the petitioner." 2. In effect, the Writ Petition has been filed by the petitioner t o set aside the office order dated December 01, 2016, whereby on the completion of tenure of the petitioner as the Chairman an d Managing Director ('CMD', for short), of F.C.I. Aravali Gypsum and Minerals India Limited ('FAGMIL', for short), he was relieved of his du t ies and for a direction that the respondent Nos. 1 and 2 reinstate the petitioner as CMD, FAGMIL, the respondent No. 4 in this petition. 3. The facts as noted from the petition and submitted by the petitioner are that while he was working at Project an d Development India Limited ('PDIL', for short), the Public Enterprises Selection Board ('PESB', for short), under the administrative control of the Department W.P.(C) 2209/2017 Page 2 of Fertilizers advertised the post of CMD, FAGMIL. He forwarded h is biodata to PESB along with vigilance clearance from PDIL. He was selected and consequent thereto, PESB and the Ministry of Ch emicals and Fertilizers, after taking clearance from the Central Vigilance Commission ("CVC", for short), through a presidential directive vide letter No. 90/2/2010HRI dated March 03, 2011, appointed the petitioner as the CMD of respondent No. 4. He was allowed to retain his lien in PDIL for a period of five years with effect from March 07, 2011, vide the PDIL office memorandum dated March 07, 2011 in consonance with the Department of Public Enterprises ('DPE', for short) O.M. No. 23/19/98/GL014/DPE dated January 13, 1999. 4. It was stated by the petitioner that the appointment of the petitioner as CMD of respondent No. 4 was for 5 years and the said period was extendable till superannuation on t he basis of t h e crit eri