refuses to restore Prasar Bharti CEO's exclusive powers.
The Supreme Court today(friday,19-11-2010
directed that all day-to-day work of the public broadcaster would be handled
jointly by a three-member team consisting of its CEO and members (finance
and personnel) in accordance with a Delhi high court order.A bench comprising Justice RV Raveendran and Justice AK Patnaik clarified
that the Delhi high court's order for appointment of a three-member
committee to handle day-to-day affairs of the Corporation will be applicable
till it decides Lalli's appeal against the Delhi high court verdict.
The court passed the order after it
was pointed out that Prasar Bharati secretariat has already passed the order
in compliance with the high court's verdict."Until further order, it is made
clear that the direction in the office order of August 20, 2009 issued by
Prasar Bharti secretariat under the signature of its CEO stating that all
executive powers delegated by the board to the sub-committee comprising the
CEO, member (finance) and member (personnel) shall be implemented," a bench
comprising Justice RV Raveendran and Justice AK Patnaik said.
The court was hearing an appeal filed
by Lalli, challenging the HC order which had directed that the day-to-day
work of the public broadcaster would be handled by a three-man team
consisting the CEO, member (finance) and member (personnel) of the Board.In
its interim order on Aug 24, 2009, the apex court had allowed CVC inquiry in
the alleged financial irregularity of the Corporation as directed by the
high court but had stayed the part of the order in which the HC had
appointed a retired judge as an observer for the board meeting.
During the hearing, additional solicitor
General Vivek Tankha informed the court that the CVC report has been
received and it has been referred to the law ministry for its view.The
bench, however, said that it has nothing to do with that report at present
and favoured implementation of the direction relating to the day-to-day
functioning of the Prasar Bharati by the three-member board.The Bench,
however, said that it has nothing to do with that report at present and
favoured implementation of the direction relating to the day-to-day
functioning of the Prasar Bharati by the three member Board.
At the outset, advocate
Prashant Bhushan, appearing for the NGO, Centre for Public Interest
Litigation (CPIL) opposed the plea of Lalli's counsel seeking two weeks'
time to file rejoinder in the matter and brought to the notice of the court
CVC report which allegedly made adverse remarks against the Prasar Bharti
CEO.He submitted that the CVC report makes it clear that their has been
large-scale financial irregularities in the functioning of the public
Alleging that Lalli had
abused the interim order of the apex court, Bhushan submitted that the
irregularities relating to the contract of the commonwealth games have also
surfaced as he had entered into the contract by himself.
Meanwhile, the court granted
three weeks' time to Lalli for filing his rejoinder to the response filed by
the CPIL on his petition against the Delhi High court order.
Thank you for your