In a detailed judgement passed on April 16, Justice Chandra Dhari Singh ruled that the Ministry of Defence has overarching control over the finances, recruitment and functioning of the institute which makes it evident the government has “deep and pervasive control” over the institute.
“The presence of majority of the members in the EC [Executive Council] from the Government is testament to the fact that the decisions taken by the EC are not independent of the Government control. Furthermore, it is also an undisputed fact that the respondent Institute undertakes research only for the Government and not any other private agencies,” the Court said.
It observed that the appointment of Director General DG) of the institute has been entrusted to the Appointments Committee of the Cabinet (ACC) and this can only be construed as an important administrative function having been vested with the government.
“Furthermore, the decisions regarding appointments, promotion and deputation of the services of the Government officials in the respondent Institute also happen through the official Gazettes of the Ministry of Defence, therefore, this Court is of the view that the Government has deep and pervasive control over the administration as well,” the judgment said.
Source: Barandbench
