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| Central Govt has power to interfere in FCI affairs: DB | | Dismisses LPA; vacates interim direction | | Early Times Reporter
Jammu | Apr 13
The Division Bench of the State High Court comprising Justice Y P Nargotra and Justice Sunil Hali in a LPA challenging the powers of wholesale cancellation of selection of Deputy Manager FCI (General Administration) on the ground that Union of India has no authority to interfere in the function and jurisdiction of Food Corporation of India, upheld the judgment of Single Judge and dismissed the appeal and also vacated the interim direction passed on February 24, 1999.
In the LPA the appellants challenged the authority of Central Government to interfere in the functioning of FCI as the power vested exclusively with the FCI in the matter of appointments and selection process which had been completed could not be declared as null & void by the Central Government as it lacked inherent power to do the same.
The matter heard by the Single Judge and dismissed the petition. Against the judgment of Single Judge this LPA was filed in the year 1999 on various grounds. Adv SC Gupta appearing for the appellants frankly conceded that the Central Government has the power to issue direction u/s 6 (2) of FCI Act, he, however, challenged the right of the Central Government to cancel the selection process of Deputy Manager FCI (General Administration) and referred the communications dated August 21, 1995 and November 6, 1995 and stated that in respect of communication November 6, 1995, the grievances is that this order makes mention that there has been a large scale relaxation of age bar in case of departmental candidates. The appellant admittedly are with the eligibility zone of 35/40 years so there selection cannot be disturbed as they are already in service.
This significant judgment written by Justice Sunil Hali for the Division Bench, after hearing both the sides, observed that both the communication were subject matter of challenge before the Supreme Court. The Supreme Court has very categorically stated that Union of India has the power to interfere and pass such orders u/s 6 (2) of the Act. With respect to other communication, the Apex Court has said that power of relaxation of age is intended to be used in marginal cases where exceptionally qualified candidates are available. It cannot be used as an “Open Sesame” for all. The wholesale go-bye to the regulations and the manner in which recruitment process was being done was very much reviewable as a policy directive in exercise of the powers of Central Government. Apex Court further stated that the communication dated November 6, 1995 observed that FCI may separately approach the Ministry of clearance for making direct recruitment to specified number of category of posts required under the communication dated August 21, 1995 with full justification. Since the issue is no longer Rest- Integra, and in view of the Apex Court judgment the contention of counsel for the appellants cannot be accepted and moreover, the validity of the communication dated November 6, 1995 has already been upheld by the Supreme Court and this Court cannot take a different view. With these observations DB dismissed the appeal and the also vacated the interim direction passed on February 24, 1999. JNF |
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