MANGALA SHRIDHAR Vs. THE KARNATAKA GOVERNORS SECRETARIAT OFFICE

JUDGEMENT

(1.) Petitioner is a member of the Karnataka Public Service Commission (hereinafter, referred to as the KPSC ), appointed under Article 316 of the Constitution. She has assailed her suspension, which is by order dated 14/05/2014. Petitioner was appointed as a member of KPSC on 24/11/2012. The impugned order of suspension has been passed by His Excellency, the Governor, State of Karnataka, in exercise of the powers conferred under clause of the Constitution. The basis for the impugned order is, allegation of corruption against the petitioner in selection of Gazetted Probationers.

(2.) The State Government had requested the KPSC to fill up 162 posts of Group A and 200 posts of Group B under the provisions of the Karnataka Gazetted Probationers Appointment (Competitive Examination) Rules, 1977 (hereinafter, referred to as the Rules ). A Notification dated 03/11/2011, inviting applications from eligible candidates was issued. Preliminary examination was conducted on 22/04/2012 and the main examination in various subjects were held on different dates between 15/12/2012 and 06/01/2013. The results of the main examination were published on 16/03/2013 and the eligible candidates were informed about the conduct of viva-voce, which was for 200 marks. Viva-voce was conducted between 01/04/2013 and 27/05/2013.

(3.) It appears that one Dr.H.P.S.Maithri, was awarded 75 marks out of 200 in viva-voce. After the publication of her marks, she submitted two representations to Prof.Ravivarma Kumar, learned Advocate General for the State of Karnataka on 24/05/2013 and on 28/05/2014, making certain allegations against the petitioner. A representation was also made to the Governor on 24/05/2013. According to the petitioner, in the first complaint made to the Governor as well as to the Advocate General, there was no specific allegation against the petitioner. According to the petitioner, an anonymous letter dated 27/05/2013 was addressed to the Advocate General for the State of Karnataka, in the name of one Gangadharaiah regarding allotment of marks in the examination. That was forwarded to the Government of Karnataka and Deputy Secretary to the Government, DPAR (service Rules), lodged a complaint in Vidhana Soudha Police Station on 26/02/2013. Thereafter, First Information Report (FIR) in Crime No.0028/2013 was registered by the Vidhana Soudha Police for an offence under Section 7 of Prevention of Corruption Act, 1988 (hereinafter, referred to as the PC Act ) r/w Sections 120-B, 418, 465 and 34 of the Indian Penal Code (IPC), against the petitioner and seven others, including the Chairman, members and certain officials of the KPSC.