K.S.SURYANARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE are two writ petitions filed by Sri K.S. Suryanarayana the Ex -Municipal President of Kolar City Municipal Council. These have been filed under Article 226 of the Constitution by way of public interest litigation. The prayer made in writ petition No. 24217 of 2002 is for a direction to the State of Karnataka and the Director of Municipal Administration to implement the report dated 25.4.2001 submitted by the Lokayukta, Bangalore under Section 12(3) of the Karnataka Lokayukta Act, 1984 indicting Sri S. Hanumanthappa respondent who was then posted as Commissioner, City Municipal Council, Bidar. In the other writ petition (W.P.No. 44930 of 2004) the prayer is for quashing the order dated 12.7.2004 transferring the said Sri S. Hanumanthappa as Commissioner of the City Municipal Council, Kolar. Since Sri Hanumanthappa respondent has been placed under suspension in pursuance to the interim order dated 28.3.2005 passed by this Court the prayers made in the two writ petitions have become infructuous and in the normal course we would have closed this case. However, the facts and circumstances of this case compel us to make some observations in regard to the manner in which Hanumanthappa came to be transferred back as Commissioner, City Municipal Council, Kolar where during his earlier tenure he is alleged to have committed some irregularities and misappropriated municipal funds for which a criminal case stands registered against him and he is also facing a departmental enquiry.

(2.) HANUMANTHAPPA is a member of the Karnataka Municipal Administration Service and had worked as Commissioner in Kolar City Municipal Council from 10.6.1993 to 20.3.1996 and again from 3.9.1998 to 4.8.2000. It is alleged that while working as Commissioner at Kolar, Hanumanthappa along with some others had committed several irregularities and had also misappropriated municipal funds. A complaint was made by the petitioner to the Lokayukta who after looking into the same conducted an enquiry in accordance with the provisions of the Lokayukta Act and came to the conclusion that Hanumanthappa and some others were responsible for serious irregularities and misappropriation of municipal funds. A report dated 25.4.2001 was submitted to the State Government in this regard. Since no action was taken on that report the petitioner filed writ petition No. 24217 of 2002 for a direction to respondents 1 and 2 therein to implement the report and take action against Hanumanthappa and others. Thereafter the Deputy Commissioner, Kolar got a criminal case registered on 19.3.2003 against Hanumanthappa and others under Sections 408, 409 and 420 read with Section 34 I.P.C. which is still under investigation. While this writ petition was pending the State Government by its order dated 12.7.2004 transferred Sri Hanumanthappa who was then working as Commissioner, City Municipal Council, Bidar to the Municipal Council, Kolar where he had earlier worked. It was then that writ petition 44930 of 2004 came to be filed with a prayer that the transfered order be quashed because the allegations of misappropriation against Hanumanthappa which had prima facie been established against him by the report of the Lokayukta pertained to his tenure at Kolar in respect of which the Deputy Commissioner had got the case registered against Hanumanthappa and others. A departmental enquiry has also been ordered against him. The contention of the Learned Counsel for the petitioner is that it would not be in public interest to transfer Hanumanthappa back to Kolar where he is said to have misappropriated municipal funds and committed other irregularities. His apprehensions were that Hanumanthappa would destroy the evidence against him and others which was available on the records and that the employees of the Municipal Council at Kolar who are likely to be the witnesses in the case would hesitate to depose against their Commissioner.

(3.) HAVING gone through the file carefully it transpires that Hanumanthappa was transferred back under the orders of the Chief Minister even though the Secretary, Urban Development Department and the Chief Secretary had recommended his suspension. The Chief Minister acted on the recommendation of Sri K. Srinivasa Gowda, the Agriculture Minister in his Cabinet, ignoring the approval granted by his predecessor (the then Chief Minister) to the suspension of Hanumanthappa as proposed by the Chief Secretary and the Secretary, Urban Development Department. The Secretary, Urban Development and the Chief Secretary had both opposed the transfer of Hanumanthappa back to Kolar and on the contrary they made a proposal for his suspension having regard to the nature of allegations made against him which were substantiated by the report of the Lokayukta. It was thereafter that the Chief Minister instead of placing Hanumanthappa under suspension posted him back to Kolar as Commissioner of the Municipal Council. When the proposal to transfer Hanumanthappa back to Kolar was made the Secretary to Government Urban Development Department made the following note which was despatched to the Secretary to Chief Minister on 25.2.2004: