Jharkhand HC Recalls Former CJ P.K. Mohanty’s Order Directing Audit Of NUSRL, Ranchi [Read Order And Judgment]

A Division Bench of the Jharkhand High Court recently recalled an order passed by former Chief Justice P.K. Mohanty, wherein the Bench had directed an audit of National University of Study and Research in Law (NUSRL), Ranchi and other institutions.

Justice Mohanty had, last month, allowed a Petition alleging mismanagement and misutilisation of funds by Jharkhand State Legal Services Authority, Judicial Academy and NUSRL. The Bench comprising Justice Mohanty and Justice A.K. Gupta had then directed, “Having regard to the nature of allegation and for ensuring transparency in the administration and interest of justice, it is deemed proper that the accounts be audited by the Principal Accountant General of State of Jharkhand. Accordingly, the Principal Accountant General, Jharkhand shall audit the accounts of the aforementioned institutions within four months and submit a report, thereof.”

It had also ordered that the Comptroller and Auditor General of India shall monitor the accounts of these institutions.

This order has, however, now been recalled by a Bench headed Justice Chandrashekhar on an application to review the said order. Interestingly, this Bench comprises of Justice A.K. Gupta, who was also a part of the Bench headed by Justice Mohanty.

Challenging the order, Mrs. A.R. Choudhary, the Counsel for the Appellants had submitted that the order was passed without issuing a notice to the applicants, and without giving them an opportunity of being heard. She had, further, highlighted the complainant’s credentials, or the lack thereof, and contended that an anonymous letter unsupported by an affidavit cannot be the basis for such an order.

Agreeing with the applicant, and suggestively, preventing tumbling out of many skeletons in the course of such enquiry, the Bench recalled the order, and observed, “Any harm to the applicant ­Institutions would definitely erode the public confidence in these Institutions and it would not be in the public interest. After all, one lives by his reputation.”