Ceo, Prasar Bhart vs Union Of India And Ors

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.

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.

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.

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.

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.

The petition is disposed of alongwith the pending applications. DASTI to the parties under the signatures of the Court Master.