Back
2007 Supreme(SC) 1086
2007(7) Supreme 150
Supreme Court of india
K.G. Balakrishnan, CJI., R.V. Raveendran, J.
Charu Kishor Mehta — Petitioner
versus
Lilavati Kirtilal Mehta M. Trust & Ors. — Respondents
Appeal (civil) 1575 of 2007
Decided on : 20-08-2007
important point
If objections are raised on appointment of a person as Joint Administrator of the Hospital on the ground of seniority, it is desirable to appoint a retired Judge of High Court pending disposal of suit by civil court.
Headnote:Judicial Review – In view of the objections raised on appointment of the proposed candidate as Joint Administrator, Court appointing a retired Judge of the Bombay High Court as the Joint Administrator.(Para 5)
Facts of the case:
An interim order was passed by Supreme Court appointing Dr. Narendra Trivedi, Vice-President of the Lilavati Hospital and Dr. K.Ramamurthy, Senior Consultant in that hospital, as Joint Administrators to be in charge of the day to day running of the Hospital and the Research Institute.
Dr. K. Ramamurthy has written a letter dated 14.6.2007 to the Registry, expressing his inability to function as an administrator, due to ill health.
The appellant has also made this application seeking modification of the order dated 26th March, 2007 to appoint Dr. (Mrs.) Ketayun R.Dhunjibhoy, Chief of Laboratories in place of Dr. K.Ramamurthy, so that Dr. Narendra Trivedi and Dr. (Mrs.) Ketayun R.Dhunjibhoy can act as joint-administrators.
The said application has been resisted by the contesting respondents inter alia on the ground that Dr. Dhunjibhoy is not senior enough for being appointed as a Joint Administrator and her appointment may cause administrative problems as there are more than 30 of the consultants working in the hospital, senior to her.
Findings of the Court:
Pending adjudication of the suit in the Civil Court, Mumbai, interest of justice would be served by appointing a retired Judge of the Bombay High Court as Joint Administrator.
Result : A Joint Administrator appointed in the hope that the civil court at Mumbai would dispose of the suit within the stipulated time.
ORDER
K.G. Balakrishnan, CJI., —
1.While granting leave on 26.3.2007, we made an interim order appointing Dr. Narendra Trivedi, Vice-President of the Lilavati Hospital and Dr. K.Ramamurthy, Senior Consultant in that hospital, as Joint Administrators to be in charge of the day to day running of the Hospital and the Research Institute.
2.Dr. K. Ramamurthy has written a letter dated 14.6.2007 to the Registry of this Court, expressing his inability to function as an administrator, due to ill health.
3.The appellant has also made this application seeking modification of the order dated 26th March, 2007 to appoint Dr. (Mrs.) Ketayun R.Dhunjibhoy, Chief of Laboratories in place of Dr. K.Ramamurthy, so that Dr. Narendra Trivedi and Dr. (Mrs.) Ketayun R.Dhunjibhoy can act as joint-administrators.
4.The said application has been resisted by the contesting respondents inter alia on the ground that Dr. Dhunjibhoy is not senior enough for being appointed as a Joint Administrator and her appointment may cause administrative problems as there are more than 30 of the consultants working in the hospital, senior to her.
5.We have considered the rival submissions. We are of the view that interest of justice would be served if Dr. K.Ramamurthy is replaced by a retired Judge of the Bombay High Court as the Joint-administrator. Accordingly, we appoint Mr. Justice A. A. Halbe, retired Judge of Bombay High Court, No.144, ‘JYESHTHA’, Tarangan Housing Complex, Near Cadbury Factory, Thane-400 606, Maharashtra (Tel : 022 - 25408849), as Joint Administrator in place of Dr. K. Ramamurthy. Subject to the said modification, the interim order dated 26.3.2007 shall continue to operate.
6.The remuneration payable to Mr. Justice A. A. Halbe will be determined in due course.
7.We are sure that the City Civil Court, Mumbai, is making all efforts to dispose of Suit No.1997/2006 at an early date, within the time stipulated in our order dated 26.3.2007.
8.I.A. No.1/2007 is disposed of accordingly.
***********
