The Hindu : National : Gujarat High Court stays Kurien's order

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Thursday, Apr 21, 2005

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National

Gujarat High Court stays Kurien's order

Special Correspondent

No authority to remove Executive Director

"Prima facie it was a case of an individual trying to impose his supreme authority on an institution in total negation of all democratic norms"

AHMEDABAD: In a setback to the doyen of India's cooperative movement, Verghese Kurien, the Gujarat High Court on Wednesday questioned his authority as Chairman of the Institute of Rural Management (IRMA) to remove any director from the board of governors.

Staying Dr. Kurien's order of April 7 dismissing its executive director, K. Prathap Reddy, Mr Justice Akil Qureshi in his interim order observed that Mr. Reddy was appointed by the IRMA board and the chairman had no authority to remove him.

Only the board and not the chairman could remove any director.

The court said it would take up the final hearing on the writ filed by Mr. Reddy challenging his dismissal in the second week of June.

However, on a plea by Dr. Kurien's counsel, the High Court stayed the operation of the judgment till May 2 to allow him time to appeal. The court made it clear that the sacking of three other board members — the director of the Indian Institute of Management, Ahmedabad, Bakul Dholakia, the chairman of the National Institute of Design, Hasmukh Shah, and the director of a Hyderabad-based company, Vijay Mahajan, who were prevented from entering the IRMA premises on April 15 — was also beyond the jurisdiction of the Chairman.

Mr. Justice Qureshi questioned the validity of the board meeting of April 15 which the counsel for the IRMA chairman claimed had approved Mr. Reddy's dismissal.

The court pointed out that not only three members were not allowed to attend the meeting, even among the nine members who were present, four had voted against Mr. Reddy's dismissal while four, including Dr. Kurien himself supported it. Dr. Kurien then cast his vote as chairman to tilt the balance five to four.It was not a question of the mere removal of Mr. Reddy, but the court was convinced that prima facie it was a case of an individual trying to impose his supreme authority on an institution in total negation of all democratic norms, Mr. Justice Qureshi observed.

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