The Karnataka High Court invalidated a Central Government order barring Justice Padmaraj Desai from government roles for three years, citing improper procedures and allowing him to accept future appointments.
Karnataka: The Karnataka High Court has overturned a Central Government circular that had barred former Karnataka High Court judge, Justice Padmaraj Nemachandra Desai, from holding any government position for three years. The court found that the order was issued without following due procedures, making it invalid.
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Justice Desai had been appointed by the Karnataka State Government as a One-Man Commission of Inquiry to investigate the alleged Mysuru Urban Development Authority (MUDA) scam, which reportedly involved Chief Minister Siddaramaiah and others. While he was also selected as a judicial member of the Central Administrative Tribunal, he had requested a postponement in joining, as he was already handling the state government assignment. However, instead of considering his request, the Central Government issued an order debarring him from future appointments.
The court, after reviewing the case, found that the Central Government had not followed proper procedures before making its decision. Referring to the office memorandum issued in 2009, it was pointed out that the concerned authority must first obtain consent from the selected candidate before sending the proposal to the Appointments Committee of the Cabinet (ACC).
Additionally, if a candidate does not take up the position within 30 days, the department must issue a 15-day notice informing them of the consequences of debarment. In Justice Desai’s case, neither of these steps were followed before the impugned order was passed.
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Justice R Devdas, delivering the verdict, emphasized that the Ministry of Personnel, Public Grievances, and Pensions, Department of Personnel and Training (R2) did not act in accordance with the prescribed guidelines. He stated,
“Had the second respondent (R2) followed the proper procedures mentioned in the Office Memorandum and vacancy circular, such an order debarring the petitioner would never have been issued. As a result, the writ petition stands allowed, and the impugned order is quashed and set aside.”
Senior Advocate Uday Holla, representing Justice Desai, argued that declining an appointment does not automatically justify debarment. The court agreed with this view and criticized the manner in which the order was issued. The judgment noted,
“This court firmly believes that not every instance of refusing an appointment should lead to debarment. The second respondent has mechanically issued the impugned order without considering the conditions and rules governing the appointment of a Judicial Member to the Central Administrative Tribunal.”
With this ruling, Justice Desai is now free to accept future government appointments, as the Karnataka High Court has completely nullified the debarment order against him.
Case Title: Justice PADMARAJ NEMACHANDRA DESAI AND Union of India & Others
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