A bench of justices B D Ahmed and Vibhu Bakhru directed the central government's Appointment Committee on Cabinet (ACC) to file an affidavit indicating whether Chairman and Managing Director (CMD) of SPMCIL, M S Rana, was eligible for the post at the time of his appointment and also if he can continue to hold the office on extension.
"Does he fulfil the eligibility criteria?" the bench said and directed the Centre to file an affidavit "indicating whether respondent four (Rana) was eligible for the post at the time of his appointment and if he is eligible now to continue in the office on extension".
The court issued the direction after the counsel for the government sought more time to seek instructions to the court's query whether Rana was eligible for the post when he was appointed in 2009.
The court was hearing a plea which has questioned Rana's eligibility for the post on the ground that only an Additional Secretary level official could have been appointed while he was a Joint Secretary level officer.
The PIL, filed by Ramakant Dixit, has also claimed that Rana was appointed without the requisite clearance from the Central Vigilance Commission (CVC) and has sought an order removing him from office as well as a declaration that his appointment was void ab-initio.
It also alleged that a show cause notice has been issued to Rana for causing a loss of Rs 100 crore to SPMCIL by wrongly printing the Rs 10 note in 2014 with the signature of ex-RBI Governor Subba Rao.
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