LAWS(DLH)-2011-9-226

ASHOK SACHDEVA Vs. TUBERCULOSIS ASSOCIATION OF INDIA

Decided On September 12, 2011
ASHOK SACHDEVA Appellant
V/S
TUBERCULOSIS ASSOCIATION OF INDIA Respondents

JUDGEMENT

(1.) THE Petitioner who was working as Secretary General and Chief Executive Officer of the Tuberculosis Association of India (,,TAI) filed this petition on 23rd April 2001, challenging the appointment of the Management Committee (,,MC) by the Central Committee (,,CC) of TAI at its meeting on 23rd March 1998; the constitution of the Disciplinary Committee (,,DC) by the CC of TAI at its meeting on 2nd December 1999; the memorandum and articles of charge dated 16th May 2000 issued by Respondent No. 6, i.e., the Vice Chairman of TAI; quashing of Memorandum dated 20th March 2001 and two other Memoranda dated 23rd March 2001 issued by Respondent No. 6.

(2.) WHILE directing notice to issue in the petition on 27th April 2001, this Court had directed that any order passed by the Respondent would be subject to further orders of this Court.

(3.) THE Petitioner was appointed as Secretary General of TAI vide letter dated 1st January 1990. He joined his duties on 12th February 1990. Prior thereto, he was Director (Finance) in the Air Force Naval Housing Board, New Delhi. THE Petitioner states that during his service he received several citations from State Tuberculosis Associations. THE Petitioner states that in the year 1994, he found that TAI was endorsing a journal "Experta Medica" published by a pharmaceutical company "Glaxo". This according to the Petitioner was contrary to the Regulations governing TAI which did not permit the endorsement of any products or services of private bodies. He brought this to the notice of Mr. S. P. Agarwal, Respondent No. 3 herein, who became the Chairman of TAI in 1996. THE Petitioner states that since Respondent No. 3 refused to examine the complaint, the Petitioner referred it to the Auditors of TAI. THE report of the Auditors, however, was not made public. Subsequently, there was a committee appointed to examine the issue but even its report was not made public.