Petitioner sought mandamus directing Auroville Foundation to act on an enquiry report and furnish its copy. Court held enquiry committee already constituted with opportunity given to petitioner. No mandamus issued pending enquiry outcome. Petitioner advised to apply under RTI Act for report copy.
Application under RTI Act for a copy of the enquiry report.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.08.2019 CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.22492 of 2019
Mr.Vikram Ramakrishnan ... Petitioner Vs 1. The Secretary, Ministry of Human Resource & Development (HRD), Shastri Bhawan, New Delhi - 110 001.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a writ of mandamus, directing the second and third respondents to take action on the basis of the enquiry report submitted by the Enquiry Committee and serve the petitioner the copy of the same.
For Petitioners : Mr.N.Kumar Rajan For Respondents : Mr.K.Gunasekar SPCCG for R1
(Order of this Court was made by S.MANIKUMAR, J.)
Petitioner has sought for a writ of mandamus, directing the Chairman, Auroville Foundation, New Delhi and the Secretary, Auroville Foundation, Villupuram District, respondents 2 and 3 respectively, to take action on the basis of the enquiry report submitted by the Enquiry Committee and also for a further direction to the respondents to furnish a copy of the enquiry report to him.
Dr.Karan Singh Chairman
AUROVILLE FOUNDATION Ministry of H.R.D., Govt. of India
Secretary, Auroville Foundation
Vikram Ram has been making a series of serious allegations against the Foundation in General and Under Secretary, Srinivasamurthy in particular. The latest I have seen today is a letter to the president and the Prime Minister. I have received a long explanation from Srinivasamurthy, which I am sending you with this letter.
This is a serious matter and we cannot be idle spectators. To look into this entire matter I set up an Enquiry Committee with you as the Convenor and former Secretrary Bala Bhaskar, Board of Members Smt.Nirima Oza, Shri Airban Ganguly and Shri Madan Gopal Madabhushi as Members. This Committee will be in terms of Section 16 of the Auroville Foundation Act. I would like the Committee to report by 30th June 2019.
Please give this matter your urgent attention immediately on your return from leave and report back to me.
Sd/Karan Singh, April 29, 2019
Dr.Karan Singh Chairman
AUROVILLE FOUNDATION Ministry of H.R.D., Govt. of India
Secretary, Auroville Foundation
I am glad to know that the Enquiry Committee will meat early in June. It would like to clarify that it does not have to go into all the multiple allegations made by Vikram Ram. It shoul rather concentrate on specific allegations to which Srinivasamuthy must be given full opportunity to reply. He has served Auroville devotedly for 20 years and on several occasions has held office of Acting Secretary. We must ensure that he gets a fair and full hearing.
Sd/Karan Singh, May 30, 2019
Subject: - Regarding the Inquiry Committee formed by Dr.Karan Singh, on various issues of mismanagement in Auroville raised by me vide letter dated 29th April 2019.
Respected Team of the Inquiry Committee,
I am grateful that I was given the opportunity today, 6th June 2010 to meet the Inquiry Committee and give all details and evidences of gross mismanagement in Auroville; Working Groups, some Aurovillians and the Foundation Office functionality. The issues raised by me is against the Gross Corruption of Auroville in "particular'", and Mr.Srinivas Murthy in "general" and was misinterpreted in the inquiry letter.
I had a detailed discussion and submitted all my documents and evidence, and I came to a conclusion that Mr.Srinivas Murthy is part of the entire system that has allowed so much corruption in Auroville, and there is nothing specific against him except "going with the flow". It is the root
system of corruption that needs to be addressed, first and foremost.
As such, I humbly request the inquiry committee to arrive at a decision as deemed fit, and take action against individuals eroding the Principles of The Mother & Law of The Land.
Warm Regards,
Sd/-
Vikram Ramakrishnan.
Information Act, 2005, learned counsel for the petitioner submitted that an application would be made under the said Act, for copy of the report. Submission of the learned counsel for the petitioner is placed on record.
Assistant Registrar(CS III)
//True Copy// Sub Assistant Registrar
ars
To
The Secretary,
Ministry of Human Resource & Development (HRD), Shastri Bhawan, New Delhi - 110 001.
+1cc to Mr.K.Kumar , Advocate SR.No. 65793
+1cc to Mr.K.Gunasekar , Advocate SR.No. 66102
W.P.No.22492 of 2019
A.SK(22/08/2019)
3 issues framed by the court
Whether the petitioner is maintainable under Article 226 against the Auroville Foundation given it is a statutory body.
Whether a writ of mandamus can be issued directing action based on an enquiry report when the enquiry is pending.
Whether the petitioner has a right under the RTI Act to obtain a copy of the enquiry report.
3 provisions across 3 enactments
Vikram Ramakrishnan
The Secretary, Ministry of Human Resource & Development
The Chairman, Auroville Foundation
The Secretary, Auroville Foundation
S. Manikumar
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
