Dishonesty (or fraud) and malice in exercising statutory powers

SHRI.S.LAKSHMIKANTHAN THE THEN INCHARGE DIRECTOR OF EIC, UNDER THE DICTION OF COMMERCE MINISTRY EXCERSIED HIS POWER FRAUDULENTLY TO IMPLEMENT THE 1994-ILLEGAL VRS FOR SOME PETTY BENEFITS-HENCE IT IS UNCONSTITUTIONAL,EXCESSIVE OR ARBITRARY

Friday, July 02, 2010

IN THE HIGH COURT OF DELHI AT NEW DELHI

04.03.2010

Present:- Mr. P. Narasimhan for the petitioner.
Mr. A.K. Bhardwaj for the respondents.

W.P.(C.) No. 1295/2010

The petitioner has retired from the post of Joint Director from Export
Inspection Council (respondents No. 2 and 3 herein) on 30.10.2009. He has filed
this writ petition for directions to the respondents to place him in pension
scheme in terms of circular No. EIC/D(O/C)/56/87/343 dated 02.07.1987. The
petitioner has stated that after his retirement, he has made representation to
the respondents for placing him in pension scheme in terms of the aforementioned
circular but no decision has been taken by the respondents till date.
Mr. A.K. Bhardwaj is present on behalf of the respondents on advance
notice and he accepts formal notice of this petition.
With the consent of counsel for the parties, this writ petition has been
taken up for final disposal at admission stage itself because counsel for both
the parties have agreed for passing of a consent order in the matter.
Mr. P. Narasimhan, learned counsel appearing on behalf of the petitioner,
says that his client will be satisfied, in case, directions are given to the
respondents to decide the representation of the
W.P.(C.) No. 1295/2010
page 1 of 2
petitioner pending with them to place him in pension scheme in terms of office
circular of the respondents mentioned hereinabove.
Mr. A.K. Bhardwaj, learned counsel appearing on behalf of the
respondents, says that his clients will decide the said representation of the
petitioner within such reasonable time as may be fixed by the Court.
In view of the above submissions made by the counsel for the parties,
this writ petition is disposed of with directions to the respondents to decide
the representation of the petitioner pending with them to place him in pension
scheme in terms of office order dated 02.07.1987 within a period of eight weeks
from today. The respondents are directed to pass a speaking order and intimate


the same to the petitioner so that, in case, if he is aggrieved by the said
decision, he may take appropriate legal remedy as available to him in law.
Order dasti to both the parties under the signatures of the Court Master.

MARCH 04, 2010 S.N.AGGARWAL, J
'BSR'

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