Y.SRIDHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition (PIL) is filed to declare the inaction of the 1st respondent in not taking action in recommending to his Excellency the President of India to cancel or annul the award of the decoration "Padma Bhushan" awarded to the 3rd respondent in the year 2012 and further direction to the 3rd respondent not to use the award of the decoration as a prefix to his name, as use thereof prefixing his name violates Article 18 (1) of the Constitution and also contrary to the law laid down by the Supreme Court in BALAJI RAGHAVAN vs. UNION OF INDIA, 1996 1 SCC 361.

(2.) Heard the learned counsel for the petitioner and the learned Assistant Solicitor General of India for the 1st respondent.

(3.) Petitioner stated to be practicing lawyer purportedly seeks to champion the cause of public order filed this writ petition on the premise that the 3rd respondent being an awardee of "Padma Bhushan" prefixed the award of the decoration before his name and such a nomenclature was manifestly made known to the petitioner and the general public at large, by virtue of publication in a popular Telugu daily newspaper (Eenadu) on 24 07 2016 on the occasion of inauguration of Symbiosis International University, Hyderabad Campus, the 3rd respondent being the Chancellor thereof. The petitioner also states that such propagation of the award of the decoration by the 3rd respondent is in clear violation of Article 18 of the Constitution as also the law laid down by the Supreme Court in BALAJI RAGHAVAN's case (supra). Feeling conscious of the violation, the petitioner seems to have made a complaint in that behalf to the 1st respondent to annul the award of the decoration conferred on the 3rd respondent. In response to the complaint of the petitioner, the 1st respondent, as could be seen from the counter affidavit filed in the mater, vide letter dated 12-08-2016 sought for comments of the Vice Chancellor of the Symbiosis International University, which was promptly replied vide letter dated 25-08-2016, a copy thereof is filed herewith in the writ material paper, informing that the prefix of award of the decoration to the name of the 3rd respondent was not intentional or deliberate and the awardee was not a willful defaulter and the contents of the invitation so published in the Telugu daily newspaper was neither under his instruction nor with the consent of the 3rd respondent. The Vice-Chancellor of the Symbiosis International University also tendered unconditional apology for the act and assured that the same will not recur and they would strictly follow the guidelines issued in that behalf and the binding the law laid down by the Supreme Court in BALAJI RAGHAVAN's case (supra).