AGRAHARA KRISHNAMURTHY Vs. SAHITYA AKADEMI

JUDGEMENT

(1.) In this petition, petitioner has assailed the order dated 13.11.2013, Enquiry Officer's Report dated 26.8.2013 vide Annexures-A and B and order dated 3.6.2014 vide Annexure C.

(2.) Respondent/Sahitya Akademi had a history how it was constituted. The object behind constituting National Akademi of Letters in India was considered by the Colonial British Government and in 1994, a proposal from the Royal Asiatic Society of Bengal in the formation of "National Cultural Trust" was, in principle, accepted. The original plan conceived of three institutions, or academies, devoted to the visual arts, performing arts and letters. The independent Government of India carried out its proposal, constituting a National Akademi of Letters called 'S Respondent/Sahitya Akademi' by a Government Resolution on 15.12.1952. It was formally inaugurated on 12.03.1954 in New Delhi. A ceremony was held in the Indian Parliament's Central Hall, wherein speeches were rendered by Maulana Abul Kalam Azad and S.Rakhakrishnan had initially functioned under executive order but was subsequently registered as a society under the Indian Societies Registration Act, 1860. The constitution of the Respondent/Sahitya Akademi provides that it will be run by three authorities viz., a General Council, an and a . The General Council is empowered to elect President and Vice President, from a panel of three candidates chosen by . In addition to these, the appoints a Secretary, who functions as both the Secretary of the Akademi and as an ex-officio Secretary of all three governing bodies. Elect President and Vice President in Delhi and has various Regional Offices across the Country to perform its functions. The of the Sahitya Akademi exercises executive authority and is responsible for supervising and controlling the Akademi's work. It prepares the Akademi's annual budget, appoints the secretary, and prepares panels of nominees for the General Council to consider and select fellows. It consists of the president, the vice-president, the financial advisor, two of the Government of India's nominees in the General Council (one of whom must represent the Ministry of Culture) and one person to represent each of the Akademi's supported languages, as nominated by the General Council. The 's role is to prescribe the limit for total expenditure by the Sahitya Akademi in a financial year, and consider and recommend budget estimates to the . The consists of a financial advisor, a nominee from the Government of India, a representative each from the General Council and , and the vice-president of the Akademi. The accounts of the Sahitya Akademi are audited by the Auditor General of India.

(3.) Learned counsel for the petitioner pursuant to the statement of objection filed on behalf of the respondents argued issues relating to territorial jurisdiction, maintainability of writ petition to the extent that respondent Akademi do not fall under Article 12 of the Constitution and further, in the absence of statutory rules under Article 226 in respect of contract service writ is not maintainable. Learned counsel for the petitioner in respect of territorial jurisdiction is concerned, has pointed out that petitioner's initial appointment was in Bengaluru and respondent- Akademi has a regional office in Bengaluru. Further, as on the date of imposition of penalty, petitioner was already retired and settled in Bengaluru. Therefore, service of penalty order is at Bengaluru. Hence, cause of action in respect of impugned orders would lies in Bengaluru. Consequently, this Court has territorial jurisdiction.