Officers’ companies: HC notice to govt. on law to nullify court verdicts
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The High Court of Karnataka has ordered challenge of notice to the State authorities on a petition questioning the law enacted in 2019, giving it retrospective impact from 1994, to shield some public servants whose picks by means of the Karnataka Public Service Commission had been discovered to be unlawful by the courts in 2016.
A Division Bench, comprising Chief Justice Abhay Shreeniwas Oka and Justice Sachin Shankar Magadum, handed the order on a PIL petition filed by Khaleel Ahmed K.R. and 13 others.
Constitutional validity
The petitioners have questioned the constitutional validity of the Karnataka Civil Services (Procedure for collection of candidates throughout recruitment) Act, 2018, enacted in January 2019 with a retrospective software from May 3, 1994.
The new law was introduced into pressure to shield the companies of these officers whose picks, made to the posts of Group A and B Gazetted Probationers within the batches of 1998, 1999 and 2004 by the Karnataka Public Service Commission (KPSC), had been discovered to be made in violation of the principles.
The Act has declared that collection of candidates made to these posts based mostly on numerous authorities orders by means of aggressive important examinations, preliminary exams, closing and extra choice listing can be legitimate no matter judgements of courts or tribunal. Implementation of the courts’ judgement would have resulted on some officers dropping their job, posts of some others being down grated from the Group A posts to Group B posts, and elevation in posts for some from the levels of their unique recruitment.
Instead of finishing up the instructions of the High Court and the Supreme Court, the federal government, so as to shield the “beneficiaries of fraud” has enacted the laws to circumvent the orders of the court although the State can not resort to the trail of laws to shield these whose picks had been discovered to be unlawful by the courts, the petitioners have argued.
Promotions
The petitioners have additionally alleged that a number of tainted candidates, who had been the beneficiaries of the fraudulent choice, have been promoted as IAS and IPS cadres through the pendency of a litigation earlier than the apex court and so they proceed to stay within the IAS and IPS class even after apex court dominated in opposition to their unique choice to Group A and Group posts.
“After enacting the law in 2019 to protect those officers selected through the process declared to be tainted by the courts, the government is now contemplating to promote a few more officers to IAS and IPS cadre cadre by perpetuating the illegality,” the petitioners have contended.
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