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This is an archive article published on April 21, 2005

Kurien gets a snub from court as it says director Reddy’s dismissal unlawful

Verghese Kurien, chairman of the Institute of Rural Management, Anand (IRMA), suffered a major setback today as the Gujarat High Court nulli...

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Verghese Kurien, chairman of the Institute of Rural Management, Anand (IRMA), suffered a major setback today as the Gujarat High Court nullified his dismissal of K Pratap Reddy from the post of IRMA director, ruling that it was ‘‘unlawful’’ and ‘‘undemocratic’’.

Passing an interim order on Reddy’s petition, who had challenged his sacking, Justice A Kureshi ruled that, ‘‘Prima facie the IRMA chairman’s order terminating Prof Reddy as director, IRMA, was without authority, unlawful and ab-initio void.’’

Stating that Reddy would remain IRMA director, the court said the matter would be taken up for final disposal in June.

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However, the court stayed the implementation of its order till May 2, as Kurien’s lawyers asked for time to file an appeal before a division bench. So, although Reddy’s termination has been ruled as illegal, he will not be able to resume his duties as IRMA director till May 2.

During yesterday’s hearing, advocates appearing for IRMA and Kurien had pleaded that since the chairman had appointed Reddy, he was empowered to remove him too.

But Justice Kureshi today ruled: ‘‘Seeing the IRMA rules, I find Reddy was appointed by the board of governors, and at no point of time was Kurien, as chairman, empowered to appoint Reddy. So Reddy’s dismissal too does not rest with him.’’

Kurien had passed an order sacking Reddy from his post on April 7.

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Commenting on the high-handedness of the IRMA chairman in dismissing the director on his own, the court said, ‘‘it appears the chairman wants to take control of the institute’’.

The court also declared the IRMA Board’s ratification of Reddy’s termination on April 15 as ‘‘unlawful and undemocratic’’.

On April 19, IRMA had filed an affidavit in the HC stating that its Board had ratified Reddy’s dismissal. But when the court found out that the April 15 Board meeting was attended by only eight members, and that Kurien had voted twice—first, as the society member and second, as the chairman— because there was a tie, it ruled that ‘‘such ratification is fully unauthorised and undemocratic.’’

The court also took note of the fact that three members of the Board — IIM-A director Dr Bakul Dholakia, NID chairman Hasmukh Shah and industrialist Vijay Mahajan — were forcibily stopped from attending the meeting.

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Granting the interim relief sought by Reddy in his writ petition challenging his sacking, the court said: ‘‘If the interim relief prayed for is not granted at this juncture, it would render the petition infructous.’’

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