While serving as the Governor of West Bengal, Jagdeep Dhankhar made an appointment to a director position within a central agency. Concerns were raised about irregularities in the hiring procedure. A Single Bench subsequently overturned the appointment.
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The Calcutta High Court has upheld an appointment made by the country’s Vice President and former Governor of West Bengal, Jagdeep Dhankhar, amidst allegations of procedural flaws. The court’s decision reaffirms the appointment of Ashish Giri as the director of the Eastern Zonal Cultural Center (EZCC), a pivotal cultural institution spanning several states in Eastern India.
The controversy began when Dhankhar, during his tenure as the Governor of West Bengal, appointed Ashish Giri to the directorial position of the EZCC. This appointment followed a structured interview process that resulted in the selection of three candidates, whose names were subsequently forwarded to the Center’s Ministry of Culture for final approval. Among these, Giri’s appointment was officially confirmed.
However, the legitimacy of this recruitment process came under scrutiny, leading to a legal challenge in the High Court. Allegations surfaced regarding flaws in the selection procedure, prompting a judicial review. Initially, a single bench of the High Court, presided over by Justice Lapita Banerjee, rejected Giri’s appointment, sparking further legal debate.
The matter escalated to a division bench of the Calcutta High Court, consisting of Justice Tapobrata Chakraborty and Justice VM Velumani, which overturned the earlier decision. The bench critically examined the constitutional provisions, specifically Article 163(2), which protects the appointment decisions made by a Governor from being contested. The court’s observation led to the reinstatement of the initial appointment, stating, “That appointment cannot be dismissed.“
The EZCC, an autonomous cultural organization under the Central Government, plays a crucial role in promoting cultural heritage across several states, including West Bengal, Assam, Bihar, Jharkhand, Manipur, Tripura, Sikkim, Odisha, and the Andaman and Nicobar Islands. The Governor of West Bengal, serving as the ex-officio Chairman of the EZCC, holds the authority to appoint the director who oversees the organization’s activities.
This ruling not only underscores the constitutional protections afforded to gubernatorial appointments but also highlights the intricate balance between legal scrutiny and the autonomy of cultural institutions. The High Court’s decision to uphold Dhankhar’s appointment has set a precedent for the interpretation of constitutional provisions relating to the appointment powers of a Governor, reaffirming the legal framework within which such decisions are made.
As the dust settles on this legal battle, the focus now shifts back to the EZCC’s mission to foster and promote the rich cultural tapestry of Eastern India. With Ashish Giri’s appointment now validated by the judiciary, the organization is poised to continue its work under his directorship, contributing to the cultural vibrancy and diversity of the region.
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