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32. We may also note with profit that a policy decision had been taken for preparing an advertisement for appointment of the CEO at the time of Sengupta’s appointment. It provided for filling up of senior positions for CESU. It stipulated that the tenure of appointment would be for a period of three years and extendable thereafter depending upon the performance and the maximum age limit of the candidate shall not exceed 55 years as on 1.9.2007. The qualification that was required was that the CEO shall be a person with drive and initiative and shall be in overall charge of engineering, finance, commerce, corporate/regulatory affairs and general management. He should at least possess a degree in electrical engineering. An added qualification of MBA/CA/FICWA from a reputed University was desirable. It was also stipulated that service experience of about 15-20 years of which at least 5 years was a must for top managerial position.

33. Mr. Sahoo has brought on record an advertisement for filling up the post for the period 2007-08. The advertisement dated 26.5.2012 has also been brought on record. True it is, it is after the judgment of the High Court and it reads as follows:

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“The Chief Executive Officer shall be a person with initiative a drive. He will be in overall charge of engineering, finance, commerce, corporate/ regulatory affairs and general management of the utility. This is a Board level position and he should at least possess a professional degree in Engineering or Management or Accountancy or Law from a reputed University. He should have at least 10 years experience in senior level managerial position in a large organization.”