STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT OF KARNATAKA BANGALORE Vs. SRI RAVINDRANATH P.V., AGA) SRI. A.R. INFANT I.P.S. KARNATAKA CADRE AND OTHERS

JUDGEMENT

(1.) THESE two writ petitions are preferred challenging the order passed by the Central Administrative Tribunal, Bangalore Bench, declaring the empanelment and selection of third respondent as void, invalid, arbitrary and illegal and consequently quashing both the empanelment of the third respondent as a candidate eligible for consideration and Annexure -A1 -notification appointing him as DG 85 IGP. The petition in W.P.8788/12 is preferred by the State Government and W.P.9655/12 is preferred by the third respondent in the said writ petition challenging the said order. For the purpose of convenience, the parties are referred to as they are arrayed in the original application. FACTUAL MATRIX

(2.) THE applicant is an IPS officer joined the Indian Police Service, in the year 1977. He has a careers spanning 34 years and he is now working as DGP Commandant General Home Guards, Director of Civil Defence and Director of General Fire and Emergency Services, Bangalore. The third respondent joined the Indian Police Service with effect from 16.7.1978. He has a career spanning 33 years and on the date of application he was working as Director General and Inspector General of Police from 30.11.2011.

(3.) THE State Government vide letter dated 02.11.2011, forwarded a proposal to the Union Public Service Commission (for short hereinafter referred to as UPSC) to convene a meeting of the Empanelment Committee for recommending a panel to enable them to select new incumbent in place of the present DG and IGP of the State, who was due for retirement on 30.11.2011, in terms of the judgment of the Apex Court in the case of Prakash Singh and Others Vs. Union of India (UOI) and Ors, JT (2006) 12 SC 225 . The State Government sent five names in the order of seniority.