Bengaluru, Mar 7: The Karnataka High Court on Monday passed an order reinstating Mangala Sridhar as member of the Karnataka Public Service Commission (KPSC) by quashing her suspension order.
A division bench comprising Chief Justice S K Mukherjee and Justice R B Budihal, while hearing the appeal filed by Mangala, set aside the single-bench order.
Mangala had challenged her suspension contending that only the President had the authority to remove her as a member of the KPSC and that the governor does not have the power to suspend a KPSC member. She was suspended after her name figured in a Criminal Investigation Department (CID)?report on alleged corruption in the KPSC cash-for-job scam of 2011.
She was alleged to have taken bribes during the recruitment of gazetted probationers. The single bench had dismissed her contentions, upholding her suspension by the governor on May 14, 2014. She appealed against the order in the division bench.
The division bench, passing an order in the appeal said, “The order of suspension was issued under Article 317(2) of the Constitution of India (powers of suspension) on May 14, 2014. The governor admittedly did not have the benefit of the aid and advice of the Council of Ministers as recommended under Article 163...further as on that date, no reference had been made by the President of India to the Supreme Court of India as mentioned under Article 317(1). On these counts, we have no option but to hold that the order of suspension is unconstitutional.” The bench, in the order, said that Mangala shall be entitled to all the emoluments and consequential benefits.
‘G’ category sites
The Karnataka High Court has permitted 29 more allottees of ‘G’ category sites to go ahead with construction after Justice A M Farooq committee submitted its fourth report on allotment of 32 sites.
A bench comprising Chief Justice S?K?Mukherjee and Justice R?B?Budihal directed the Bangalore Development Authority to execute sale deeds within one month, in respect of the 29 allottees, who were found to be eligible to retain the sites, according to the report. However, the court asked the BDA to execute the sale deeds in respect of such allottees whose lease-cum-sale agreement has completed 10 years.
In respect of other allottees, the sale deeds should be executed only after their lease-cum-sale-agreement completes 10 years. The court passed the orders in a public interest litigation alleging irregularities in allotment of ‘G’ category sites.
Since the committee has not made any recommendation on retaining the sites in respect of the remaining three allottees, the court said that it would consider these cases subsequently. The matter was adjourned to April 6.
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