The Supreme Court (SC) has admitted a Special Leave Petition (SLP) filed by Council of Scientific and Industrial Research (CSIR) Scientific Workers Association seeking probe into the 42 private foreign trips made by CSIR chief Dr R A Mashelkar and the appropriateness of granting extensions to Dr Mashelkar to continue as Secretary, Department of Scientific and Industrial Research (DSIR), Government of India. The workers approached the apex court after their plea in the form of public interest litigation (PIL) petition was turned down by the Delhi High Court last year. The SC has sent notices to the respondents and is to hear the case on August 28, 2006.
The workers' association has sought a writ / order / direction to quash the notification that granted extension to Dr Masheklar as Secretary, DSIR and Director General, CSIR up to the age of 64 years, ignoring relevant rules and regulations. They also wanted an investigation into 42 private foreign trips conducted by Dr Mashelkar with regard to the misuse of his official passport, and acceptance of free hospitality of the authority, and also the misuse of Lab Reserve Funds pointed by the CAG report.
The Petition submits that "in the light of various materials on record, viz 42 foreign visits without approval of the government, acceptance of hospitality from foreign government, agencies and taking up of foreign assignments, consultancy etc, misuse of Lab Reserve Funds are substantiated by the Comptroller and Auditor General of India, letters by the parliamentarian with the government, the competent authority ought not have granted extension in service to the respondent."
The respondents in the petition are Union Government (represented through Secretary, DST), Chief Vigilance Commissioner and Dr Mashelkar. The petitioners felt that all the issues are within the knowledge of the government and further it was also brought to the notice of the government through letters written by a Member of Parliament. "But no action has been taken so far to investigate the same. It is submitted that when there is gross illegality and violation of rules and regulations as per the constitutional scheme, the government is duty bound to investigate and take consecutive action," petitioners say. The petitioners sought a thorough investigation by an independent agency.
The petitioner is a registered association consisting of scientists and technical officers of National Institute of Science Communication and Information Resources (NISCAIR), a constituent establishment of CSIR.
Dismissing the PIL in February 2005, the Delhi High Court had stated that there is no public interest involved in the matter and the petition is misconceived. The current SLP is directed against this judgment.