The Managing Body of the Indian Red Cross Society can adopt administrative rules without presidential approval, as the enabling provisions of the Indian Red Cross Society Act allow for such discretion.

ORDER

Hon’ble Mr. B.Anand, Member (A):

By way of the present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following relief(s):-

“(a) Quash and set aside the Office Order dated 03-02- 2024 bearing No.559 on the file F.No.A- 11016/24/P&A/347 issued by the Respondent and pass an order directing the Respondent to re-instate the Applicant forthwith and:

(b) Pass such order or other orders as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case and render justice.”

2. The brief factual matrix of the case is that the applicant was working as Deputy Secretary in the respondents’ organization, i.e. Indian Red Cross Society (IRCS). He is aggrieved by the impugned Office Order no. 559 dated 03.02.2024 passed by the respondents against him whereby the respondents have compulsorily retired the applicant by exercising the powers conferred upon them by Rule 56 (j) of the Fundamental Rules adopted by the IRCS National Headquarters.

3. Learned counsel for the applicant assails the aforesaid Office Order dated 03.02.2024 stating that the orders suffers from patent illegality due to the following reasons:

“(a) Indian Red Cross Society (hereinafter referred to as “IRCS” for short) is a statutory body under an act of the Parliament called the Indian Red Cross Society Act, 1920 (hereinafter referred to as “Act”) and Rule 56 (J) of the FR have not been incorporated in the Act and the Rules made thereunder.

(b) The impugned order suffers from mala fides; and (c) That under the garb of adopting Rule 56(J) of FR the authorities in IRCS have exercised powers which are not vested in them by taking arbitrary and executive measures to compulsorily retire the Applicant.”

4. In so far as Reason (a) is concerned, the Act under Section 5 provides for power to make rules among other matters for the following namely:

“(a) The conditions of membership of the Society;

(b) The appointment and term of office of Members of the Managing Body;

(c) The choice of representatives on international and other committees;

(d) A representation on the Managing Body of State Branch Committees and affiliated societies and bodies;

(e) The constitution of finance, medical and other committees and the delegation of powers to them;

(f) The powers exercisable by the Managing Body in supervising the activities of branch committees; and (g) The regulation of the procedure generally of the Society and Managing Body.”

5. Learned counsel for the applicant submits that any power exercised by the Managing Body of IRCS in so far as it relates to framing of rules or adoption thereof is subject to approval of the President of India who under Section 4 (A) of the Act shall be the President of the Society namely IRCS.

6. It is the contention of the learned counsel for the applicant that Section 5 of the IRCS Act, mandates that if the Managing Body intends to make rules for the management, functions, control and procedure of the Society, the same shall be done with the approval of the President of India. He also adds for good measure that Section 5 (2) of the Act, provides for a situation wherein if the rule is made with the approval of the President, the same shall be laid before each house of the Parliament in the manner provided under sub-section (16) of Section 5 of the Act and the subject rules will be notified in the official Gazette. In