DEVINDER GUPTA - (1.) Indian Institute of Public Administration is a Society registered under the Societies Registration Act (Act No.21 of 1860). It was established in 1954. Its objectives, inter alia, are to promote and provide for the Study of Public Administration and economic and political science with special reference to Public Administration and the machinery of Government and for educational purposes incidental thereto; to undertake, organise and facilitate study courses, conferences, and lectures and research in matters relating to public administration and the machinery of Government; to under take and provide for the publication of a journal and of research papers and books to impart training in and promote study of public administration. It is governed by its objectives as contained in Memorandum of Association and Rules and bye-laws as framed and adopted by its Executive Council in the General
(2.) The petitioners are two senior faculty members of respondent No.1 society. In this writ petition filed under Article 226 of the Constitution of India, they have made grievances that the appointment of Shri M.C. Gupta as Director of the Institute is irregular and illegal and so the extension granted to him in the meeting of the Executive Council held on 25.10.1999; that accounts of the Institute are not being submitted for audit to Comptroller and Auditor General of India; considerable amount is being spent on maintenance of cars etc. and only a petty amount is spent on research activities: certain bye-laws have not been updated since 1987 and seniority list of professors is not available and that the funds allocated for National Centre for Disaster Management have been diverted for constructing the lift for the first floor and second floor whereas the Centre for National Disaster Management is located on the ground floor of the building. Consequently, direction has been sought for quashing the extension granted to respondent No.2; for directing the respondents to comply with Rules and Regulations in the matters of employment of Director of the Institute; for directing the respondents to produce accounts before the Comptroller and Auditor General of India and for directing the appointment of a Committee to examine the administrative and financial functioning of the Institute.
(3.) It is alleged by the petitioners that the Institute had a very healthy functioning till March, 1997. There were certain norms for selection of the Director of the Institute. Date of expiration of the term of serving Director used to be intimated to the Executive Council well in advance and a Selection Committee used to be constituted to search for a worthwhile candidate and to prepare a panel of suitable candidates. Recommendation of the Selection Committee used to be placed before the Executive Council and thereafter the Executive Council used to select the most suited candidate for the post. Terms and conditions used to be made very clear by the Executive Council. But this practice was given a go by in the manner of selection and appointment of Shri M.C. Gupta in March, 1997.;