Lalit Kala seeks recall of HC observations on its functioning

Lalit Kala Akademi has moved the Delhi High Court seeking recall of its order raising questions over its functioning, saying the observations had cast serious stigma on it.
The Akademi has sought the recall of the high court's April 10 order asking the Centre to explain how the appointment of Dr Sudhakar Sharma, who was facing disciplinary proceedings for financial irregularities, as its secretary could be justified.
The Akademi has claimed it was not protecting any action of Sharma, who was suspended from the post, or anyone else and strict action would be taken against any irregularity in the cultural body.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar, which had earlier issued notice on the Akademi's plea to recall or modify its April 10 order, listed the matter for August 24.
The court in its order had also said that as per the documents it has gone through, it appeared that "all is not well with Lalit Kala Akademi".
The court's observations had came on two pleas, by Akhilesh Verma and Manish Pushkale, challenging the appointment of Sharma as the Secretary of the Akademi.

The Akademi has claimed in its plea that the petitioners could misuse the orders to fulfil their "motivated agenda" under the garb of the PIL and it was imperative that the court may recall or modify its earlier order.

"The April 10 order of the high court cast a serious stigma on the conduct of the Akademi. However, it is nowhere at fault as all the subjects in issue in this petition stands acted upon by it on its own," it has said.
It has also said that action would be initiated on the report of the fact-finding committee as and when it was received and the court also be apprised about it.
During the hearing today, the court dismissed a petition seeking contempt action against the Centre and the Akademi for not complying with its April 10 order.

"We are unable to hold that the respondents (Centre and Akademi) are in contempt of this court's order and the contempt petition is dismissed," the bench said.
The court had earlier termed as an "eye-wash" the government's claim that an administrator was controlling the cultural body and said it appeared the secretary had been controlling the affairs of the Akademi.
It had also asked the government and the Akademi to explain why disciplinary proceedings against Sharma, had not been concluded yet.
The petitioners, who claim to be artists, had alleged that Sharma's appointment was in violation of the provisions of Lalit Kala Akademi (Secretary, Lalit Kala Akademi) Recruitment Rules of 1999.

They had also alleged that Sharma had indulged in misappropriation of funds and that despite the allegations being proved in the inquiry conducted by the Akademi, he was illegally continuing in the office.
"The allegation in the writ petitions that continuation of Sudhakar Sharma is not in the interest of the management of Akademi therefore cannot be simply brushed aside but needs deeper consideration.
"Hence, we consider it appropriate to re-open the writ petitions and call upon the respondents (Centre and Akademi) to file their response," the bench had said and sought Sharma's response.
Sharma was earlier suspended by the Akademi in 2015, but the decision was set aside by the Centre in the same year. He was again suspended by the Akademi in January 2017 which is in effect.