Karnataka High Court annuls appointment of 362 probationers

BENGALURU: The Karnataka High Court on Friday upheld a government order which had withdrawn a requisition from the Karnataka Public Service Commission (KPSC) for the selection of 362 gazetted probationers from the 2011 batch. The order quashes an earlier order by the Karnataka Administrative Tribunal which had rejected the government withdrawal and asked the government to proceed with appointments. 

This means that more than 70 officials, who have received appointment orders as well as the remaining, will now not be part of the cadre. Allowing petitions filed by Renukambike and others, a division bench of Justice H G Ramesh and Justice P S Dinesh Kumar pronounced the judgment to that effect.“The CID’s investigation report, prima facie, discloses that there are sufficient reasons to believe that the selection process was not inviolable. In the circumstances, the state government withdrew the requisition for selection of civil servants. Unless, the decision making process by the State Government is satisfactorily proved to be arbitrary, it would be inappropriate for the courts to impinge upon such decision”, the court said.  

On judgment of the KAT, the court observed that the Tribunal has substituted its opinion with that of thesState government with regard to consideration of investigation report and the action taken thereon. This is impermissible in law. Since, the issue involves appointment of civil servants, “we have also carefully examined the investigation report and recorded our findings. In substance, we have observed that the investigation report prima facie shows that the selection process was not free from interference”, the court said.

The court also said: In the light of facts recorded by the CID in its investigation report, we are of the view that there is no error in exercise of its powers by the state government in withdrawing the requisition given to the KPSC. If the judgement of Tribunal is given effect to, it would compel the state government to appoint the candidates selected by a committee of questionable reputation, the court said.  

In view of this, the government order dated August 14, 2014 withdrawing the requisition issued to KPSC for selection of Gazetted Probationers for 2011 and to close selection process, is sustained, the court said.  The counsel of KPSC contended  the public interest petition is not maintainable in a service matter whereas the petitioners have petitioners have contended that KAT’s order is not sustainable in law.

case so far

August 14, 2014: Government withdraw the requisition given to KPSC for selection civil servants, after CID submits report into irregularities in selection process. 
October 19, 2016: The KAT had directed the State Government to appoint the successful 362 candidates 
March 17, 2017: State Government issued an unofficial note instructing the heads of the departments to issue appointment orders to the 362 selected candidates. 
March 27, 2017: Director of Municipal Administration has issued appointment orders to as many as 18 selected candidates