Supreme Court pulls up Prasar Bharati

IN Law and Policy | 04/04/2005

Indo-Asian News Service

The Supreme Court Thursday pulled up Prasar Bharati for not implementing the Prasar Bharati Act by not giving an opportunity to its employees to exercise their option to remain with the government or the corporation.

Judges Y.K. Sabarwal and Tarun Chatterjee said the act passed in 1990 came into force in 1997. However, the uncertainty continued despite a lapse of eight years for the nearly 3,000 central government employees working in Akashvani stations (radio) and Doordarshan kendras (TV).

The bench said: "Prima facie, this uncertainty has continued since appropriate steps were not undertaken either by the central government or by the corporation, which has not framed requisite regulations.

"The option of the employees under the act has not been taken. In fact, that occasion has not arisen even after eight years of operation of the act on account of a wholly ad hoc approach adopted in the implementation of the act."

The bench passed the order on a batch of special leave petitions filed by the Prasar Bharati and others challenging the orders of the Madras, Punjab and Haryana high courts.

While the Madras High Court held that the employees could be transferred, the Punjab and Haryana high courts held that the employees could not be transferred, as they gave no option.

Passing interim orders, the bench said it was not in the interests of the employees, the centre or the Prasar Bharati to continue the uncertainty any further.

The bench directed the solicitor general to discuss the matter with Prasar Bharati and the information and broadcasting ministry so that the act could be properly implemented.

The bench directed listing of the appeals in the last working week of May for further directions.

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