Delhi High Court has sought the government's response on a PIL claiming the appointment of the current CMD of National Thermal Power Corporation (NTPC) was done in contravention of the prescribed procedure.
A bench of Chief Justice G Rohini and Justice Jayant Nath said though the post to which the appointment has been made is a public office, the question that needs to be considered was whether the official can be termed "an usurper of a public office" as he had satisfied the eligibility criteria as prescribed in the advertisement of October 10, 2015.
"The scope and purport of the guidelines stated to have been prescribed by the Department of Public Enterprises also needs consideration," the bench said in its order.
Additional Solicitor General Sanjay Jain argued that the plea was a service matter and thus, was not maintainable as a PIL, to which the court said it "needs consideration" and listed the matter for hearing on April 4.
The order came on the PIL filed by an NGO, Centre for Law and Good Governance, seeking directions declaring as "illegal and without authority" the appointment of Gurdeep Singh, who was the Managing Director of Gujarat State Electricity Corporation, as the CMD of NTPC.
The petition filed through advocate Surat Singh has also sought directions restraining Ministry of Power from acting upon the appointment order of January 28, saying it has been issued "in contravention of the procedure prescribed for selection".
The petition has alleged that the eligibility in the advertisement is in direct contravention of the Public Sector Enterprises Board guidelines.
The NGO has claimed that as per the eligibility criteria prescribed by Public Sector Enterprises Board for the post in question, the candidate has to be of the rank of "Additional Secretary or equivalent or Lt. General in the Army or Vice Admiral in Navy or a Marshal in the Air Force".
It has claimed that the government in its advertisement inviting applications for the post set eligibility criteria as "officers of Central Government/All India Services holding a post of the level of Joint Secretary and officers of Armed Forces holding rank of Major General in the Army or equivalent rank in Navy/Air Force".
