Delhi High Court
Ceo, Prasar Bharti vs Union Of India And Ors on 2 April, 2018
$~79.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3129/2018 and CM APPL. 12420-421/2018
CEO, PRASAR BHARTI ..... Petitioner
Through: Mr. Anil Soni with Ms. Vertika Sharma,
Advocates
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Dev P. Bhardwaj, CGSC for R-1 to
R-3.
Mr. Prakhar Bhatnagar, Mr. Ashish Bhardwaj and
Mr. Mohit Tyagi, Advocates for R-4 to R-7.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE PRATIBHA RANI
ORDER
% 02.04.2018
1. The present petition has been filed by the CEO; Prasar Bharati,
assailing an interim order dated 26.03.2018 passed by the Central
Administrative Tribunal in a contempt petition filed by the respondents No.4
to 7, limited to the extent of seeking the presence of the petitioner on
03.04.2018, i.e., tomorrow.
2. Learned counsel for the petitioner states that vide order dated
31.08.2017 passed by the Tribunal, O.A. No.2571/2017 filed by the
respondents No.4 to 7 was disposed of without going into the merits of the
case with directions issued to the petitioner and the respondents No.1 to 3 to
amend the Recruitment Rules of the Administrative Cadre of Prasar Bharati
in terms of the DOPT OM dated 24.03.2009, within a period of 90 days
from the date of receipt of the certified copy of the said order. It is submitted
by learned counsel that the petitioner had commenced the exercise of
compiling the relevant data from all the concerned units of Prasar Bharati
for a comprehensive amendment of the Recruitment Rules of the
Administrative Cadre on 06.09.2017; the draft Recruitment Rules were
drawn up and circulated amongst all the stakeholders for a response within
30 days, on 14.11.2017. After receiving the comments from all the
stakeholders, the draft Recruitment Rules were finalised and forwarded to
the respondent No.1/Ministry of Information and Broadcasting on
01.02.2018. Thereafter, the file has been moving back and forth between the
petitioner and the respondents No.1/Ministry, for certain
information/clarifications. It is stated that as recently as on 23.03.2018, the
respondent No.1/Ministry had sought further clarifications from the
petitioner, which has been furnished today. Learned counsel for the
petitioner submits that there has been no delay on the part of the petitioner in
processing the matter for finalisation of the Recruitment Rules but several
Departments are required to be consulted by the respondent No.1/Ministry
before the Recruitment Rules are finalised and that is how the matter has got
delayed.
3. Mr. Bhardwaj, learned counsel for the respondents No.1 to 3 assures
the Court that the entire formalities shall be completed at the earliest and
there shall be no delay on the part of the respondents No.1 to 3 in finalising
the draft Recruitment Rules forwarded by the petitioner.
4. Counsel for the respondents No.4 to 7 submits that there has been an
inordinate delay on the part of the petitioner and the respondents No.1 to 3
in making compliances of the directions issued by the Tribunal vide order
dated 31.08.2017, which is why his clients had to move the Tribunal by
filing the contempt petition.
5. Having regard to the submission made by the counsels for the
petitioner and the respondents No.1 to 3, the present petition is disposed of
by dispensing with the presence of the petitioner before the Tribunal on
03.04.2018 Directions are issued to the petitioner and the respondents No.1
to 3 to ensure that the entire process of finalising the Recruitment Rules is
concluded within four months from today. If the Recruitment Rules are not
finalised on or before 31.07.2018, the respondents No.4 to 7 shall be entitled
to press the contempt petition pending before the Tribunal.
6. The petition is disposed of alongwith the pending applications.
DASTI to the parties under the signatures of the Court Master.
HIMA KOHLI, J
PRATIBHA RANI, J
APRIL 02, 2018
rkb/na
