SC sets aside suspension order of DK cop, 3 others

MANGALURU: A division bench of the Supreme Court having, with justices V Gopala Gowda and C Nagappan in it, has set aside an order of Justice S N Sathyanarayana, judge of Karnataka high court, which ordered the suspension of Sharanappa SD, superintendent of police, DK and three other police officials.
Justice Sathyanarayana had passed the orders on July 30 on grounds of dereliction of duty by police for not registering a case against a local rowdy-sheeter.Following the HC order, Sharanappa had sought permission from the state government to file special leave petition (criminal) in the Supreme Court to redress the injustice caused to him and his sub-ordinates."The government passed two separate government orders permitting me to not only file the SLP, but also bear legal costs involved in fighting the case since the HC order attracted in discharge of my official duties," SP told reporters here.
Stating that he received the SC orders, passed on November 24, on Monday, the SP said that both he and B R Lingappa, circle police inspector, Belthangady, had filed separate SLPs in this case. Justice Sathyanarayana had directed the home secretary to keep the SP, Lingappa, police sub-inspector, and assistant SI attached to Belthangady PS, under suspension till chargesheet was filed in a land-grab complaint filed by Shashikala J Shetty and Meera T Shetty.
SP said that separate SLPs had to be filed for he, as an IPS officer - an all India service cadre, and Lingappa, a state level officer, are governed by different conduct rules. The SC had granted a stay to HC orders on September 26 in the first hearing and set it aside for not conforming to the principles of natural justice in the second and final hearing on November 24.
The SP further said that at no stage was he ever summoned to appear before the HC, when the original petition of Shashikala and Meera was heard. "Keeping the officer under suspension is the domain of the disciplinary authority, which ought not to have been exercised by the learned single judge in exercise of powers under Section 482 of CrPC," the division bench observed.