KAT sets aside government order quashing 362 KPSC appointments

The Karnataka Administrative Tribunal (KAT) on Wednesday set aside a government order which had quashed the appointment of Group A and Group B gazetted probationers who were selected through the Karnataka Public Service Commission (KPSC) for the year 2011.

The tribunal, comprising judicial member G Shanthappa and administrative member AP Joshi, passed an order directing the state government to issue orders of appointment to applicants in keeping with the provisions of KPSC rules within two months.

The tribunal said the state government must not make appointments if any individual candidate is not found suitable for such appointment.

The order has come as a big relief for 362 candidates whose appointment was cancelled by the state government in its order dated, August 14, 2014.

The petitioners had questioned the act of the government which had quashed the notification at a time when the entire selection process was completed.

One of the candidates, Mythreyi, had made allegations of corruption in the selection process following which a CID enquiry was ordered. Based on the CID report, the selection list was quashed by the state government.

The tribunal, in the order, said that as the applicants were not examined by the CID, the report of the CID was one-sided.

‘Arbitrary, illegal action’

“The state government, without segregating tainted and non-tainted candidates, has affected the rights of the candidates,” the order said. The action of the state government is arbitrary and illegal, it stated.

“It is highly outrageous in its defiance of logic and of accepted moral standards giving an impression that the authorities have taken leave of their senses,” the order said.
It said the state government does not have the power to meddle with the recruitment process de hors (other than) the recruitment rules.