Karnataka High Court Overturns Central Government's Ban on Retired Judge's Appointments
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Synopsis
The Karnataka High Court has nullified a Central government order that barred a retired judge from government appointments. Justice R. Devdas led the ruling, highlighting the lack of notice or consent in the original ban. The judge had been appointed to investigate a major scam involving the Chief Minister.
Key Takeaways
- Karnataka High Court quashes ban on retired judge.
- Justice R. Devdas presided over the ruling.
- Former judge was barred without notice or consent.
- Justice Desai was investigating CM Siddaramaiah in a scam.
- Legal challenges against government actions continue.
Bengaluru, Feb 20 (NationPress) The Karnataka High Court has annulled the Central government's directive preventing a retired judge from accepting government roles.
A bench led by Justice R. Devdas issued the ruling.
Previously, the court had granted an interim stay against the Union government's decision to bar Justice Padmaraj Nemachandra Desai from public appointments for a three-year period.
In his petition, Justice Desai claimed that he was unjustly prohibited from taking on government positions.
The state government had appointed Justice Desai to a single-member Commission of Inquiry to investigate the Mysuru Urban Development Authority (MUDA) scam, which implicated CM Siddaramaiah as the primary accused. Subsequently, he was designated as a judicial member of the Central Administrative Tribunal (CAT).
Justice Desai requested a delay in his joining date for the CAT, as he was already engaged with the task assigned by the Karnataka government. Instead of accommodating his request for additional time, the central government, via an order dated November 7, 2024, prohibited him from government appointments.
Justice Desai argued that the Union government issued this order without notifying him or seeking his consent.
The order was enacted by the Ministry of Personnel, Public Grievances and Pensions, prompting Justice Desai to challenge its legality.
Social activist Snehamayi Krishna, who has lodged complaints regarding the MUDA's allocation of 14 sites to Chief Minister Siddaramaiah's spouse, Parvathi B.M., for acquired land, previously urged for Justice Desai's removal from his position as Chairman of the MUDA investigation committee.
In his correspondence, he contended that Justice Desai should not serve on any independent, legislative, or regulatory committee for three years, demanding an immediate withdrawal of his appointment as committee Chairman. He insisted that all records in Justice Desai's possession be returned to the government and indicated he would notify the Central government of Justice Desai's appointment despite the restrictions.
