W.P.(C)/8121/2012 of NEERU ABROL Vs UNION OF INDIA AND ORS on 26 December 2012

1. Vide the instant writ petition, the petitioner is seeking issuance ofmandamus/prohibition restraining the respondent No. I from relieving thepetitioner from the post of Director (Finance) till the date of hersuperannuation i.e. 15.02.2015 and also seeking mandamus directing themandamus/prohibition restraining the respondent No. I from relieving thepetitioner from the post of Director (Finance) till the date of hersuperannuation i.e. 15.02.2015 and also seeking mandamus directing the Signature Not Verified *r'

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respondent No.2 to validate panel dated 2I.06.2011 until the considerationof candidature of the petitioner for the post of Chairman & ManagingDirector in NFL.of candidature of the petitioner for the post of Chairman & ManagingDirector in NFL.

2. Mr. Mehra, learned Additional Solicitor General appeared on advancenotice on behalf of the respondent and submitted that the Director of ACChas issued communication dated 06.12.2012 to the Joint Secretary,Department of Fertilizers, Shastri Bhawan, New Delhi. The same reads asunder:- do December. 2012

Dear Sir.

Ktndly refer to the cowespondence resting tuithDepartment of Fertilizers communications No. B2/5/2006-HR-Idated 26.7.2012 and 82/1/201I-HR-I dated 26.7.2012regarding (l non-exten,sion of tenure of Ms. Neeru Abrol,Director (Finance), National Fertilizers Linited NFL), and (ii)scrapping the PESB panel dated 21.06.2012 fo, selection to thepost of Chairman and Managing Director, National FertilizersLimited.

2. The above proposals were placed before the ContpetentAuthority, who has directed the Department of Fertilizers tomake a final reference once again on qll the three issues withfull facts [of ][CVC ]for [their ][advice and request ]CVC [to ][give ]theiropinion at the earliest.

3. The Competent Authority has further directed thatthereafter, f the Department is still not in agreement with theviews of CVC, they may submit the details to AVD Section ofDoPTfor taking a view in the matter.

4. This Secretariat may be regularly apprised of thedevelopment in the matler.

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5. I am desired to convey the above direction of [the]C omp e t ent Autho rity fo r [e ]ar ly [c ]omp [li ]anc [e.]

3. Learned Additional Solicitor General further submits that the finaldecision on the aforesaid letter and the decision [on ][the ][appointment ][of ][the]petitioner as CMD, NFL will be taken by the ACC.4. In view of the submissions made by the learned Additional SolicitorGeneral, learned senior counsel appearing on [behalf of ][the ][petitioner ][submits]that the ACC may be directed to take a decision in [a ]time [bound ][manner ][in]pursuance of the letter dated 06.12.2012 and on the appointment of thepetitioner as CMD.

5. In view of the aforesaid submissions of counsel for the [petitioner, ]I,therefore, direct the respondent No. 3 to take a decision in [pursuance ]ofletter dated 06.12.2012 and on the appointment of the petitioner as Chairman& Managing Director within a period of t'wo months from [today.]

6. The writ petition is disposed of accordingly.CM Nos. 20188/20L2 [(for ]stav)

With the disposal of the writ petition itself, the instant application [has]become infructuous. The same is accordingly disposed of.Dasti under the signature of Court Master.

SURESH KAIT, J.

DECEMBER 26. 2OT22OT2

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