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Appointment of MV inspectors quashed

Last Updated 23 September 2014, 19:49 IST

The High Court on Tuesday quashed notification issued, in August 2006, for appointment of over a hundred motor vehicle inspectors by the State Government through Karnataka Public Service Commission (KPSC).

Hearing a batch of petitions, a division bench comprising Chief Justice D H Waghela and Justice Ashok B Hinchigeri upheld the Karnataka Administrative Tribunal (KAT) order, dated May 25, 2010, quashing the notification.

“The State government rules and notification of appointment is contrary to the rules framed by the Centre as per section 213 (4) of Motor Vehicle Act,” the bench said.

The petitioners had contended that only Central government can prescribe the rules under the said provision and the State had no authority to prescribe any qualification for recruitment of inspectors. 

Stating that the Central rules suggest one year work experience in any reputed garage owned by the State, the petitioners contended that even applications of those candidates who have worked in private garages have been considered by KPSC and sought to set aside the appointments. The bench allowed the petition.

Suspension upheld

The High Court on Tuesday dismissed a petition filed by Karnataka Public Service Commission member Mangala Sridhar challenging her suspension by governor of Karnataka. Justice B V Nagarathna held that the governor's order suspending the KPSC member was valid and in accordance with the Constitution.

The petitioner had contended that the governor could recommend action against her to the President of India, but was not vested with powers to suspend her.

However, the State government had defended the governor claiming that the latter had discretionary powers and was satisfied prima facie about the misbehaviour and misconduct of petitioner.

ADGP transferThe government on Tuesday assured the HC to consult with the Lokayukta on the transfer of ADGP Lokayukta. Freedom fighter H S Doreswamy had filed a PIL challenging the transfer order issued by the government, without consulting the Lokayukta Justice Y Bhaskar Rao.

As the matter came up for hearing, Advocate General Ravivarma Kumar submitted that he would meet the Lokayukta and discuss the transfer issue and sought an adjournment. The division bench comprising Chief Justice D H Waghela and Justice Ashok B Hinchigeri adjourned the matter.   

Chief engineer summoned

The High Court of Karnataka on Tuesday warned that it would initiate contempt of court proceedings against the BBMP chief engineer if the monthly report for the last three years about clearance of encroachments over stormwater drains (SWDs) had not been submitted.

Hearing a petition filed by Mantri Tranquil Apartment Owners’ Association against the BBMP for sending notices, for encroaching upon SWDs, Justice Dilip B Bhosale sought to know the procedure adopted by BBMP. 

The BBMP counsel said action had been taken as per the Karnataka Municipal Corporation Act, which empowers the civic agency to demolish structures without issuing notices. He said that action was initiated against the builder as per the HC order dated August 4, 2011. However, the judge did not approve of the action and insisted upon detailed procedure.

Justice Bhosale noted that the BBMP is already in the contempt. “The court is inclined to know whether the chief engineer has submitted 36 monthly reports. If that has not been done, it amounts to contempt of court,” he said. He asked the chief engineer to be present on Thursday when the matter is heard.

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(Published 23 September 2014, 19:49 IST)

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