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NBCC caught in a quagmire: SC, Amrapali and a curious extension case of ED

By Rakesh Ranjan- 26 Oct 2020
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NBCC India Limited, a state-owned construction giant, is a house divided on the issue of extending the services of its Executive Director (Engineering) R K Aggarwal beyond his scheduled retirement on 30 November 2020.  

While a section of the top management team favors the idea of Aggarwal's extension on the plea that such a move may help uninterrupted and expeditious implementation of the Supreme Court direction on completing the 44,000 stalled flats under Amrapali housing projects where a huge amount of investors' money is locked, a large number of officers are opposed to the idea and they have made their angst and reservation known to the management in a letter from their union. 

Officers have argued that the SC has in no way mandated the continuation of services of Aggarwal even after retirement, that its direction was limited to entrusting the NBCC with the task to complete the pending and stalled projects and so, the NBCC was free to appoint a successor to Aggarwal on retirement by sticking to the due process of selection and by notifying the SC about its succession plan.

 It is pointed out that the policy of extension or reappointment is bad in principle and worst in execution. It's bad in principle because it is based on the premise that the person being given extension or reappointment is irreplaceable. In real life, this is an untenable proposition. The execution of this fallacious principle leads to favoritism and denial of the well-deserved opportunities to competent persons down the hierarchical ladder. It also degrades work culture and demoralization.

NBCC officers say the extant government guidelines on the extension/reappointment issue are crystal clear and don't support this pernicious practice except in critical and exigent situations.

Yet Aggarwal's extension/reappointment is being pushed by influence peddlers for the last couple of months as reported in this section on September 07, 2020. 

In any case; SC judgment and NBCC's involvement has sparked off rays of hope for poor Amrapali homebuyers and that should achieve its goal.  

(By Rakesh Ranjan)

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