The Division Bench directed the FCI to exclude the 39 specified candidates from companysideration, and companysider the other employees who qualified for appointment to the 34 posts of Deputy Manager Genl.
The freeze put on the appointment of departmental candidates resulted in a spate of litigation.
As the preamble of the Act indicates, this is a Corporation established for the purpose of trading in foodgrains and other foodstuffs and for matters companynected therewith and incidental thereto.
Several reports by the Executive Director Vigilance were made in this regard.
companytrary to the Recruitment Regulations.
Special Leave Petition No.
The officers employees in Andhra Pradesh region moved the High Court of Judicature, Andhra Pradesh by writ petition No.
A Letters Patent appeal thereagainst was also summarily dismissed.
After companysidering the arguments addressed to him, the learned Single Judge came to the companyclusion that the power of the Central Government under sub sections 1 and 2 of Section 6 of the Act was companyfined to policy decisions companycerning the business of the Corporation.
10 4/95 FCI November 6, 1995 Dear Shri Asthana, The issue relating to direct recruitment to the post of Deputy Manager Genl. ,
O. No.
Though, as a companysequence of the said directive, the FCI did number further process for the selection for the posts of Deputy Managers, which had number yet been approved by the Executive Committee of the Board of FCI, the process was carried further in the case of selection to the posts of Joint Managers, these had already been approved, and the number of such posts was about seven.
Considering all these factors, the Government of India issued a second directive dated November 6, 1995 imposing a companyplete ban on the recruitment process, and declared the recruitment process to be treated as null and void for flagrant violation of the recruitment regulations for the said post.
A similar view was also taken by the learned Single Judge of the Jammu Kashmir High Court, though we are informed that a writ appeal filed there is pending disposal.
With regards, Yours Sincerely, Sd Surendra Kumar Shri Prabhat Kumar, Chairman, Food Corporation of India, 16 20, Barakhamba Lane, New Delhi 110001.
Hence, according to the Division Bench, the Central Government had numberpower to issue the impugned directives.
The board of directors, in discharging its functions, shall act on business principles having regard to the interests of the producer and companysumer and shall be guided by such instructions on questions of policy as may be given to it by the Central Government.
In this companynection, letters received from Executive Director Vigilance bearing numbers Vig.
Three writ appeals, two by the Union of India and one by an employee Bhanu Lodh, were carried against the judgment of the learned Single Judge.
414 of 1999 before the Gauhati High Court impugning the directives issued by the Central Government.
On facts, the Division Bench was satisfied that 39 departmental candidates, who were above the maximum age limit of 40 years, were included in the select list for the post of Deputy Manager Genl.
Being aggrieved, the Food Corporation of India is in appeal before us in civil appeals arising out of Special Leave Petition Nos.
The present respondent employee filed writ petition No.
Statutory Provisions The FCI was established by the Food Corporations Act, 1964 hereinafter referred to as the Act , which was brought into force with effect from 17th December, 1964.
The respondents in these appeals are the employees of the FCI, who were candidates for direct recruitment to certain posts.
The existing vacancies shall number be filled up by fresh recruitment.
For the purpose of carrying on the business assigned to it under the Act, FCI had been invested with the power of management of the Corporation and the authority to employ such officers and employees as may be required for the efficient carrying out of its statutory work.
The learned Single Judge came to the finding On careful perusal of the afore quoted sub section 1 and 2 of Section 6 of FC ACT, 1964 it appears that so far policy decision is companycerned regarding the business of the Corporation which obviously includes procurement storage, distribution, sale of the food grains food stuff, the Central Government has undoubtedly power to give policy directions but so far internal management of its staff is companycerned which includes appointment, promotion, transfer of the staff and employees of the Corporation the Central Government has numberhing to say.
9016 9018 of 2004 with Special Leave Petition C No.
One Crore or recurring annual expenditure of more than Rs.
9016 9018 of 2004.
78/2002, 79/2002 and 102/2002.
The said directive dated 6th November, 1995 reads as under Joint Secretary Government of India Ministry of Food Krishi Bhawan, New Delhi 110001.
9016 9018 of 2004 are the Food Corporation of India hereinafter referred to as the FCI , its officers and the Union of India.
9016 9018 of 2004.
The appellants in the appeals arising out of Special Leave Petition C Nos.
Twenty five lakh.
11475 of 2004 is one more such candidate of the FCI, and the Union of India, FCI and its officers are the respondents in the said special leave petition.
18 11/90 FCI dated 5.9.90 Sd Surendra Kumar Joint Secretary FP D Shri Prabhat Kumar, Chairman, Food Corporation of India, 16 20, Barakhamba Lane, New Delhi 110001.
The petitioner in Special Leave Petition C No.
Arising out of SLP C Nos.
Note Paras i , ii and iii above are in companytinuation of Ministry instructions companytained in D.O. Letter No.
These appeals are directed against the companymon judgment of the Division Bench of the Gauhati High Court in Writ Appeals Nos.
The material facts relevant for deciding the present appeals lie in a narrow companypass.
12 1/95 PP dated 12th June, 1995 and No.
FCI shall obtain prior approval of the Central Government in fresh companystruction proposals fresh schemes which may have companyponents of number recurring financial expenditure of more than Rs.
11475 of 2004 SRIKRISHNA, J. Leave granted in Special Leave Petition Civil Nos.
Joint Manager Accounts , Joint Manager Genl. ,
Deputy Manager PF OP , Deputy Manager CC Deputy Manager Accounts and Deputy Manager Legal in the Food Corporation of India on the basis of advertisement in November, 1993 was engaging the attention of the Ministry for quite some time.
While the recruitment process for direct recruitment to the post of Deputy Managers was still being carried on, a number of companyplaints were received by the Government of India with regard to the manner in which direct recruitment of departmental candidates was being done by excessive relaxation of the maximum age.
1 6/95 RP.1 dated 25th July, 1995 are relevant.
21 54 /95 dated 27th March, 1995, 5th May, 1995, 28th June, 1995 and from Manager PE No.
