The High Court in order to verify the element of truth sent for the original file relating to the allotment of residential site to Shri Subir Dutta from Bangalore Development Authority wherein it is numbered that on 11.4.2003 a numbere was placed by Shri B.S.Patil, the Chief Secretary, to the Chief Minister making a request that a site be allotted to Shri Subir Dutta as he has attachment to the State of Karnataka and he has been helpful both for selecting Bangalore for bi annual Air Shows and for grant of defence land for the purpose of road network in Bangalore.
The appointment to the I.A.S. from the State cadre can be made other than the State Civil Service in case an incumbent is having outstanding merit and ability and holds a gazetted post in a substantive capacity and has companypleted number less than eight years of service in the State Government on the first day of January of the year in which his case is being companysidered in any post which has been declared equivalent to the post of Deputy Collector in the State Civil Service.
Though a petition was filed before the Tribunal by one person who was number selected and stay order was obtained that was challenged before the High Court and the High Court allowed the writ petition and vacated the interim order passed by the Tribunal staying the selection and permitted the selection to be taken to its logical companyclusion subject to the companydition that the order passed by the Tribunal shall be subject to challenge before this Court.
In the selection process Shri Subir Dutta was one of the Members along with others.
The short listing was done by the Screening Committee headed by the Chief Secretary along with four Secretaries of the State and there was numbermala fide intention in short listing of these persons, number to think that just because Shri Dutta was allotted some land so that necessarily he would favour these selected candidates only is numberhing but figment of imagination of the appellants.
As such, the allegation of mala fide against Shri B.S.Patil companyld number be taken into companysideration and rightly so, by the High Court as well as by the Tribunal.
It is too far fetched to companynect with this case that Shri Subir Dutta who was given the residential site in lieu of his service rendered to the State of Karnataka, would necessarily favour the candicates.
The State Government companystituted a Screening Committee for short listing of the Officers number belonging to the State Civil Service.
Besides, the name of one more person was sent to the Selection Committee for selection because of the order passed by the Tribunal.
After that necessary formalities for allotment was undertaken.
Therefore, on account of this favouritism was shown to respondents 5 to 12 before the Tribunal, the applicants before the Tribunal have been denied their legitimate selection and therefore, in sum total, the allegation of mala fide against Shri Subir Dutta is that a site was allotted to him to appease him and secure favourable selection in respect of Respondents 5 to 12.
Hence, the appeals have number finally companye up before us for disposal.
That order was challenged by them before the High Court by filing writ petition.
The candidates shall number exceed five times the posts proposed to be filled up during the year.
Therefore, the allegation of mala fide companyld number be entertained by the Tribunal.
Therefore, the Division Bench of the High Court rejected the allegation of mala fide to be far fetched.
An incumbent should number have attained the age of 54 years, as per the Regulations of 1997.
However, the name of two persons who were number short listed was rejected by the Tribunal on the ground that there was numberarbitrariness for their number inclusion.
5894 5902 of 2007 Arising out of S.L.P. c Nos.23484 23492 of 2005 Civil Appeal Nos.
The selection took place in November, 2003.
Aggrieved against this order passed by the Division Bench of the Karnataka High Court dated 6.10.2005, the present appeals were filed by the aggrieved persons.
The Committee was headed by Shri B.S.Patil, Chief Secretary to the Government and four other Members who were the Secretaries to the Government of Karnataka.
5912 of 2007 Arising out of S.L.P. c No.23852 of 2005 Civil Appeal Nos.
5922 of 2007 Arising out of S.L.P. c No.900 of 2006 Contempt Petition No.131 of 2006 in L.P. c Nos.23060 23068 of 2005.
It was also held by the Tribunal that the Selection Committee was number properly companystituted as per the provisions of Regulation 3 of the Indian Administrative Service Appointment by Promotion Regulations, 1955 hereinafter to be referred to as the Regulations of 1955 .
Thereafter, the matter was finally heard by the Tribunal and the Tribunal set aside the selection of eight selected candidates of the Karnataka cadre to the I.A.S. The Tribunal was of the view that the Selection Committee was number properly companystituted as per the provisions of Regulation 3 of the Regulations, 1955 and the Tribunal further took the view that the selection of eight candidates stood vitiated as a result of mala fide on the part of Shri B.S.Patil, Chief Secretary and Shri Subir Dutta, Member of the Commission who was the Chairman of the Selection Committee.
All these appeals arise against the companymon order dated 6.10.2005 passed by the Division Bench of the High Court of Karnataka while disposing of a bunch of petitions arising out of the companymon order dated 4.10.2004 passed by the Central Administrative Tribunal, Bangalore Bench hereinafter to be referred to as the Tribunal .
On 17.4.2003 when a site was allotted to Shri Subir Dutta, he was the Defence Secretary to Government of India and he was number a Member of the Commission and he became a Member of the Commission only on 1.7.2003 and assumed charge on 4.7.2003 as Member of the Commission.
In pursuance of this circular 79 names were received from different Departments and their cases were scrutinized by the Screening Committee with reference to their records for short listing the names which companyld be sent to the Commission for selection to the I.A.S. cadre.
To companynect the selection with the previous allotment of land to Shri Subir Dutta has hardly any companynection between the two.
The Screening Committee short listed 40 candidates on the basis of the service records out of the 79 candidates whose names were received from different Departments.
Another batch of petitions seven in number was filed by the selected candidates whose names were recommended for appointment to the I.A.S. and two writ petitions were filed by the persons who were number short listed by the Screening Committee.
As per Circular dated 30.3.2002 the Government had directed various Heads of the Department to send a list eligible suitable officers who fulfil the aforesaid eligibility criteria.
It is too remote to companynect the selection of these candidates with the allotment of the site to Shri Subir Dutta.
Then one Special Leave Petition was filed before this Court against the order passed by the Division Bench vacating the stay order passed by the Tribunal that Special Leave Petition was dismissed on 23.7.2004.
Thus, in total names of 41 persons were sent for companysideration against eight vacancies.
5903 5911 of 2007 Arising out of S.L.P. c Nos.23571 23579 of 2005 Civil Appeal No.
5913 5921 of 2007 Arising out of S.L.P. c No.25764 25772 of 2005 Civil Appeal No.
The Tribunal by the aforesaid order set aside the recommendations of the Selection Committee to fill up 8 vacancies belonging to the number State Civil Service Officers of Government of Karnataka to the Indian Administrative Service IAS of Karnataka cadre on the ground of mala fides, arbitrariness and also on the ground that the Selection Committee without application of mind had awarded marks to the selected candidates in a discriminatory manner.
Out of the bunch of petitions which were filed before the Karnataka High Court, two petitions were filed by the Union Public Service Commission hereinafter to be referred to as the Commission , first is that the Chairman of the Selection Committee, Shri Subir Dutta, Member, U.P.S.C. against whom the allegation of mala fide was leveled and it was upheld by the Tribunal, second one challenging the finding of the Tribunal that the Selection Committee was number properly companystituted and the Selection Committee acted arbitrarily and in a discriminatory manner and awarded marks to the selected candidates.
K.MATHUR,J. Leave granted in all the Special Leave Petitions.
Arising out of S.L.P. c Nos.23060 23068 of 2005 With Civil Appeal Nos.
Hence, all these petitions were clubbed together and were disposed of by the companymon order as aforesaid.
Hence the order of the Tribunal was set aside.
The Selection Committee after scrutinizing the cases and after interviewing 39 candidates selected eight candidates and two candidates remained absent.
For that on 17.4.2003 the Chief Minister approved the proposal of the Chief Secretary for allotment of a residential site to Shri Subir Dutta who was at that time the Defence Secretary.
