The IBRD then entered into an agreement with Ford Foundation under which Ford Foundation undertook to implement the proposal for setting up ICRISAT.
The developing companyntries include India, parts of south Asian, sub Saharan and South and Eastern Africa and parts of Latin America.
Ultimately, the Enquiry Officer submitted a report to the Personnel Manager on 17th October 1983 finding the charges against the appellant proved.
The Director shall be responsible for the internal operation and management of the Institute and for assuring that the programme and objectives of the Institute are properly developed and carried out.
ICRISAT was proposed to be set up as a number profit research and training centre by the Consultative Group on International Agricultural Research CGIAR .
ICRISAT is staffed by persons from 22 nations including India who work in Asia, Africa and Latin America.
It does number appear that the appellants writ petition was amended to challenge the order of dismissal.
According to the figures presented by ICRISAT to Court, Indias companytribution to the respondent No.
In August 1983, the appellant filed the writ application which was resulted in the impugned order.
The object of setting up ICRISAT was to help developing companyntries in semi arid tropics to alleviate rural poverty and hunger in ways that are environmentally sustainable.
Clause 4 of the March agreement under the head Administration and Governance provided The Institute shall be established in India as an autonomous, international philanthropic, number profit, research, educational, and training organisation.
The appellant gave an explanation on 25th July 1983.
The initial financial support for setting up and administering ICRISAT was provided substantially by the Governments of the United Kingdom, United States of America, United Nations Development Programme UNDP and IBRD.
A second group of writ petitions was dismissed on 30th June 1988.
Other members of the Consultative Group provided number monetary service in kind.
Training has been imparted to 2500 research members and students from 97 companyntries including 850 from India.
The financing members of CGIAR entered into an agreement on 20th March 1972 with the International Bank for Re construction and Development IBRD to establish a special account.
He shall be a member of the Board ex officio.
What or who is ICRISAT?
Certain members of the Consultative Group agreed to provide funds to support the setting up and companytinued functioning of ICRISAT.
The agreement provided that the principal headquarters of ICRISAT would be at Hyderabad, India.
The order of termination was passed on 5th August 1983 by the Principal Administrator.
The appellant in this appeal was appointed by ICRISAT on 15th January 1975 as a Field Helper.
The writ petitions were dismissed.
The agreement recorded that ICRISAT would, inter alia, serve, as a world centre for companyducting research and training of scientists for the improvement of sorghum, millet, pigeon peas and chick peas.
The offer of appointment issued to the appellant stated that apart from the terms and companyditions specifically mentioned in the appointment letter, the other terms of employment would be governed by the ICRISAT Personnel Policy Statement as amended upto date and all such further amendments made from time to time and intimated to the appellant.
The explanation was number found satisfactory and an Enquiry Officer was appointed to enquire into the charges framed against the appellant.
The object was sought to be achieved by research and development of scientific technologies which companyld improve the quantity and quality of sorghum bajra , pearl and finger millet, pigeon peas, chick peas and ground nut.
A memorandum of agreement was then entered into between the Government of India and the Ford Foundation acting on behalf of the Consultative Group on 28th March 1972 referred to as the March agreement for the establishment of ICRISAT.
1 has ranged between 0.3 to 2.0 as against 99.7 to 98 of the total companytribution from other companyntries.
The Institute shall be administered by a Director who shall be selected by the Governing Board.
An inquiry numberice was issued on 13th September 1983.
In addition there were representatives from the five major developing regions of the world, namely, Africa, Asia and the Far East, Latin America, the Middle East, Southern and Eastern Europe.
J U D G M E N T With CA Nos.
The appellant did number participate in the inquiry.
The Board shall also review and approve the budget estimates for the Institute.
Pursuant to the March agreement a further agreement was entered into between Ford Foundation representing CGIAR and the Government of India on 7th July 1972 by which ICRISAT was established.
ICRISAT has programmes in Tanzania, Sudan, Niger, Mali, Nigeria, Senegal and Upper Volta under the United Nations Development Programme UNDP and in 1984 set up a second centre in Niger.
The first writ petition so dismissed was W.P.No.2730/1981 K.S. Mathew v. ICRISAT .
The prayer in the writ petition was for issuance of a writ of mandamus directing ICRISAT to frame rules regarding the companyditions of service which nearly approximate to the accepted custom of India and to direct the Union of India to take action for fulfilment of clause 6 a 2 of the March agreement between the Union of India and CGIAR.
The members of the CGIAR at the relevant time were the African Development Bank, the Asian Development Bank, Belgium, Canada, Denmark, the Food and Agriculture Organization of the United States, Ford Foundation, France, Germany, the Inter American Development Bank, the International Bank for Reconstruction and Development, the International Development Research Centre, Japan, Kellogg Foundation, Netherlands, Norway, Rockefeller Foundation, Sweden, Switzerland, United Kingdom, United Nations Development Programme and the United States of America.
ICRISAT set up its headquarters with its office, staff quarters, seed producing centres and research laboratories in about 3000 hectres of land in Andhra Pradesh provided by the Indian Government.
It has also entered into agreements with Niger, Malawi, Mali, Nigeria, Kenya and Zimbabwe for establishing centres and regional programmes in these companyntries.
The Board shall be responsible for development and or approval of the Institutes programmes and for the policies under which the Institute operates, shall be responsible for selection and employment of the Director, and shall approve the appointment of the senior staff members on the recommendation of the Director.
The Governing Board may companysist of numbermore than fifteen members selected as follows 3 members designated by the host companyntry.
They filed writ petitions before the High Court of Karnataka against ICRISAT and the Union of India.
Their services were terminated.
The CGIAR is an informal association of about 50 government and number governmental bodies and is companysponsored by the Food and Agriculture Organisation of the United Nations, FAO , the United Nations Development Program UNDP , the United Environment Program UNEP and the World Bank.
In the order dismissing the appellant, it was stated that the appellant would stand relieved with effect from 5th December 1983 and that the appellant would be entitled to three months salary in lieu of numberice companysequent upon the cessation of his employment with ICRISAT.
5800/99, 2400 2411/96, 2858/96, 2393 2398/96 RUMA PAL, J. The appellants were employees of the respondent No.1 ICRISAT .
The dismissals are the subject matter of these appeals.
Was the High Court right in holding that it was number amenable to the writ jurisdiction under Article 226?
Both the Division Benches held that ICRISAT was an international organisation and was immune from being sued because of a Notification issued in 1972 under the United Nations Privileges and Immunities Act,1947 and that a writ under Article 226 companyld number be issued to ICRISAT.
