In Jaiveer Srivastava v Union of India & Ors, Delhi High Court examined the legal validity of the termination of services of the chairman and managing director of Fertilisers and Chemicals Travancore Limited (FACT), a government-owned company.
Srivastava had filed a writ petition challenging an order dated 2 November 2016 by which he was removed with immediate effect from his posts at FACT. Srivastava had been appointed as chairman and managing director on a contractual basis for five years by an order dated 12 February 2013. Aggrieved by the manner in which he was removed Srivastava argued that there had been a breach of the principles of natural justice and that his removal was stigmatic. He further argued that as the conduct, discipline and appeal rules were applicable to him, he should had been given a show cause notice and removed only after an inquiry.
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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
