Decided on April 01,2024

Kiran B. Pulekar Appellant
UNION OF INDIA Respondents


M.M.SATHAYE,J. - (1.)Heard learned counsel for the parties.
(2.)By this petition under Article 226 of the Constitution of India, the Petitioner is challenging the impugned order dtd. 13/4/2017 by which the Petitioner has been terminated from the services of Respondent No.3- Shipping Corporation of India ("SCI" for short). The Petitioner is also praying for his reinstatement into the services with consequential benefits in accordance with law. The Petitioner is also seeking direction to the Union of India and Central Vigilance Commission to take action in respect of complaints lodged by the Petitioner and to provide him protection from victimization. The Petitioner is lastly seeking payment of reasonable compensation for his victimization for violation of the right to livelihood.

(3.)In short, it is the case of the Petitioner that he was appointed as Junior Technical Assistant with SCI in October 1987 and got promoted as Sec. Head in September 1994 and since then he was serving as such. The Petitioner had filed Public Interest Litigation in this Court alleging loss of crores of rupees to SCI and had questioned the competence of the Chairman and Managing Director of the SCI. It appears that the Division Bench of this Court was of the view that the PIL filed by the Petitioner was not maintainable because the Petitioner had an interest in the subject matter as an employee of the SCI and therefore, by order dtd. 11/4/2016, the PIL was allowed to be withdrawn with liberty to file appropriate proceedings. It further appears that thereafter, the Petitioner filed Writ Petition No. 2084 of 2016, questioning the appointment of Shri B.B. Sinha as Director of (P and A) of SCI on the ground of educational qualification held by him. This petition was dismissed on 19/6/2017 on the ground that as on that date, the Petitioner was already terminated/compulsorily retired on 13/4/2017. This Order was carried in Hon'ble Supreme Court. We are informed that in January 2019, the concerned SLP(C) No. 20074/2017 has been disposed off as infructuous. The Petitioner has filed present petition challenging the said order of termination, which is presently impugned.

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