HC pulls up Prasar Bharati CEO for making Board redundant

The Delhi High Court today pulled up Prasar Bharati Chief Executive Officer B S Lalli for bypassing the public broadcaster’s Board and making it “virtually redundant”.

“We will not let the CEO to work in this manner. Some eminent persons are on the board and he cannot bypass the board,” a bench comprising Chief Justice A P Shah and Justice N K Kaul said, while asking Prasar Bharati to file a response on the allegation. “The Board has become virtually redundant because of the conduct of the CEO. There has to be some accountability and you file a detailed affidavit by the next date of hearing,” the Bench said.

The court’s observations came while hearing a PIL seeking its direction to the Centre to remove the CEO whose tenure has been extended by the government. The petitioner, Centre for Public Interest Litigation, an NGO, also sought an independent investigation into the allegations of financial irregularities by the CEO. “He is acting with complete impunity and disregard for the directions and concerns raised by the Board regarding the instances of financial irregularity and his autocratic functioning,” advocate Prashant Bhushan, appearing for the petitioner, said.

“The CEO is holding the office illegally, despite the expiry of his term on April 21 on the basis of clarificatory note issued by the government which is against the statutory provisions of the Prasar Bharati Act,” the petitioner said.

The broadcaster, however, refuted all the allegations and said the CEO’s tenure is protected under the old law.

“There is no ambiguity and misrepresentation of the Act,” Additional Solicitor General Parag Tripathi appearing for the public broadcaster said.

The court, however, was not satisfied by his response and asked him to file an affidavit.

“You cannot go beyond the statute with regards to continuance of his tenure,” the court said adding “the Board is the supreme authority and it should not be sidelined.”

Then petitioner pointed out that the government had in 2008 amended the Act under which age of superannuation for the CEO was increased from 62 to 65 years.

It was alleged that Lalli, who was appointed in 2006, was to retire in April this year after attaining 62 years but his tenure was extended after the government applied the amendment with retrospective effect.