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HC sets aside appointment of Karnataka DG-IGP, censures government

In a setback to the Karnataka government, the Bangalore high court has set aside the appointment of T Srinivasulu as the director general and inspector general of police and passed strictures against the move.

Allowing a petition filed by Karnataka State Housing Corporation Chairman and Managing Director C Dinakar, a division bench, comprising Chief Justice R P Sethi and Justice K R Prasada Rao ordered that the post be kept vacant with immediate effect.

Stating that the petitioner was admittedly senior, the court observed that the appointment was made "without proper application of rules and mind, and apparently the said decision was arrived at in a casual manner which could not be sustained when it admittedly affected the right of the petitioner".

However, the court declined to consider allegations of mala fide against Chief Minister J H Patel.

In a lengthy judgment, the bench also observed that keeping the services at the mercy of executive would lead to anarchy, which if not controlled would endanger the democratic set-up. The court also awarded Rs 10,000 as costs to Dinakar, the senior most IPS officer in the state.

Reacting to the judgment, a happy looking Dinakar, who has been waging a legal battle for nearly 20 months, said his stand had been vindicated. "The judgment is a good thing for the future police force," he added.

However, Srinivasulu declined to comment on the judgment, saying the future course of action lay with the government.

The court has directed the government to set up a committee to select the next incumbent and consider the merits and seniority of all DIGs, including Dinakar and Srinivasulu.

Challenging the ruling of the Central Administrative Tribunal dismissing his application regarding his claim for promotion as the IGP on grounds of seniority, the petitioner alleged that in making the impugned appointment on January 10, 1997, the government had been guilty of mala fide and had violated all norms and rules pertaining to service jurisprudence. Being the senior most IPS officer, he was seeking justice and vindication of his position.

He also alleged that there was personal mala fide against him on the part of the chief minister, who has been made a respondent in the petition.

UNI

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