Ajit retired as a member of Competition Commission of India (CCI) on 31st October, 2014. He was offered the post of Chief Executive in Khetan Ltd. which was earlier a party in proceedings before CCI. Can Ajit join the co

Section 53 L of the Competition Act, deals with Restriction on employment of Chairperson and other Members of Appellate Tribunal in certain cases. The Chairperson and other members of the Appellate Tribunal shall not, for a period of two years from the date on which they cease to hold office, accept any employment in, or connected with the management or administration of, any enterprise which has been a party to a proceeding before the Appellate Tribunal under this Act: Provided that nothing contained in this section shall apply to any employment under the Central Government or a State Government or local authority or in any statutory authority or any corporation established by or under any Central, State or Provincial Act or a Government Company as defined in section 617 of the Companies Act, 1956 (1 of 1956). In the given case Mr. Ajit cannot join the Khetan Ltd on 01.11.2015, as the two-year restriction period would not have passed (he retired on Oct 31, 2014, so the restriction ends Oct 31, 2016). However, he can join ONGC on 04.04.2015, because ONGC Ltd. is a government company, and the restriction does not apply to employment under a Government Company.