Both the petitions stand withdrawn.

Making an “offer” to withdraw the dismissal order, Additional Solicitor General Gopal Subramaniam, on behalf of the Centre, told the judges how the director had a grievance that the decision by the institute body was on account of malafide and biased attitude of Anbumani Ramadoss.

“I want to do things the right way, it’s a democracy,” the ASG said. He assured the court that “whatever papers and documents are in our (Ministry’s) possession, we would make it available to the Director and all other members (of the Governing Body).”

As The Indian Express reported today, many members of the governing body were kept in the dark about the petition.

Not just that, many of them—at least half of the panel—had told The Sunday Express that contrary to what the Health Minister had claimed, there had been no vote on sacking Venugopal and that they were against a confrontation between the Government and the director.

A division bench of acting Chief Justice Vijender Jain and Justice Kailash Gambhir refrained from interfering in the order passed by the single judge on July 7, 2006 staying Venugopal’s sacking.

“...the Centre without the prejudices to the rights and contentions of the parties in this appeal as well as before the Single Judge, will have a fresh look at the entire issue,” the judges said.

Incidentally, while staying the decision of Venugopal’s dismissal, Justice Anil Kumar had clearly held that the “petitioner (Venugopal) has been able to make out a prime facie case that termination of his post is vitiated under law. It becomes imperative for this Court to nullify the illegalities committed in removal of the petitioner and terminating his tenure post.”

The Centre’s contention today failed to cut much ice with Venugopal as his advocate, senior counsel Arun Jaitley, submitted that the government does not require the permission of the Court to decide on the dismissal order.

“It’s their decision,” he told the bench, “for which, the Court’s umbrella is not needed to decide if they want to withdraw it.”