SELECTION COMMITTEE OF THE ASSISTANT PUBLIC PROSECUTORS-CUM-ASSISTANT GOVERNMENT PLEADERS Vs. KARNATAKA STATE INFORMATION COMMISSION

JUDGEMENT

(1.) GOVERNMENT of Karnataka had issued a Notification dated 18.06.2009 vide Annexure - C inviting applications for recruitment of 144 vacant posts of Assistant Pubic Prosecutors cum Assistant Government Pleaders in the Dept. of Prosecutions and Government Litigation.

(2.) PETITIONER -Committee was constituted vide Annexure - B for conducting recruitment process. Written examination was held on 07.11.2009 and 08.11.2009. Respondents 2 to 7 made applications seeking furnishing of copies of their respective answer books and related information. In view of the a resolution passed by the petitioner, in the meeting held on 30.11.2009 vide Annexure -D, a Notification dated 02.03.2010 vide Annexure -F was issued by the Secretary of the petitioner. Questioning the said action, without exhausting the remedy of first appeal, respondents 2 to 7 approached the 1st respondent. The cases were treated as complaints filed under S. 18(1) of the Act and the order as at Annexure -A having been passed on 03.12.2010, directing the petitioner to provide the information sought for within 30 days from the date a copy of the order is received and file compliance report, on or before 17.01.2011, these petitioners were filed to quash the order dated 03.12.2010 as at Annexure -A.

(3.) SRI G.B. Sharath Gowda, learned advocate for respondent No. 1, on the other hand contended that the action of the petitioner in not furnishing the information to respondents 2 to 7 being contrary to the decisions in the cases of (1) UNIVERSITY OF CALCUTTA AND OTHERS Vs. PRITAM ROOJ, AIR 2009 CAL 97; (2) CENTRAL BOARD OF SECONDARY EDUCATION Vs. ADITYA BANDOPADHYAY & OTHERS, : JT 2011(9) SC 212; (3) KAWAL SINGH GAUTAM VS. STATE OF CHATTISGARH & OTHERS, : AIR 2011 CHATTISGARH 143; AND (4) KARNATAKA PUBLIC SERVICE COMMISSION Vs. SMT. LALITHA BAI K., (W.P. No. 11043/2008 decided on 14.09.2012), the 1st respondent is justified in passing the order dated 03.12.2010, as at Annexure -A. He made submissions in support of the impugned order.