The Division Bench further said: "We direct the Union of India, Ministry of Culture as well as the Lalit Kala Akademi to file detailed counter affidavits, explaining as to how the appointment of Sharma can be justified."
Observing that not at all's well within the Lalit Kala Akademi, the Delhi High Court has questioned the government's decision to appoint Sudhakar Sharma, accused of financial irregularities, as the secretary of the art and culture organisation. The court also directed the Ministry of Culture to appoint a full-time administrator for the Akademi within two weeks.
"It has been pleaded by the government of India that an administrator has been appointed. But it appears that it is nothing but an eye-wash and, in fact, Sharma himself is controlling the Akademi's affairs. Having gone through the documents placed on record and in light of the sequence of events, it appears that all is not well with the Akademi," the court said.
The Division Bench further said: "We direct the Union of India, Ministry of Culture as well as the Lalit Kala Akademi to file detailed counter affidavits, explaining as to how the appointment of Sharma can be justified."
The court also sought an explanation for the delay in concluding the disciplinary proceedings that were initiated against Sharma after he was accused of misappropriation of funds, thereby directing the Ministry and the Akademi to disallow him from "interfering with the administration in any manner, whatsoever, pending the inquiry".
The directions came after a petition filed by two artists stated that Sharma's appointment as secretary was in violation of the Akademi's Recruitment Rules, 1999. According to the rules, the secretary of the art organisation is to be recruited through transfer or deputation, failing which there can be direct recruitment.
"The facts remain that the inquiry initiated against Sharma was revived by the Akademi on December 12, 2014. The same was reiterated by the Centre on October 15, 2015. It is un-understandable as to why, despite all this, the said inquiry could not be concluded till date. No justifiable explanation could be shown by the government of India except the statement that the proposal to refer the inquiry to the Chief Vigilance Commissioner (CVC) is pending," the court observed.
Sharma, who was holding the post of keeper at the National Gallery of Modern Art (NGMA), was appointed as the Akademi secretary on deputation for three years.
He was suspended by the Akademi in 2015, but the decision was set aside by the Centre in the same year. He was again suspended in January.
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