Karnataka High Court stays Centre’s order debarring former judge from government appointments for three years

High Court of Karnataka stays Central government's order debarring former judge P.N. Desai from government appointments for three years.

The High Court of Karnataka on Tuesday stayed the Central government’s order of debarring P.N. Desai, a former judge of Karnataka High Court, from considering him for any government appointments for three years for allegedly violating the procedure on appointments to the Central Administrative Tribunal (CAT).

Justice R. Devdas passed the interim order on a petition filed by Mr. Desai, who had questioned the legality of the November 7, 2024, Government Order (GO) passed by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pension. The interim order will be in force till February, the next date of hearing on the petition, the court said while ordering the issue of notice to the Central government.

The Central government on August 5, 2024, appointed Mr. Desai as a Judicial Member of the CAT’s Hyderabad Bench giving him joining time of 30 days.

However, Mr. Desai, in his August 14, 2024, letter, declined the post at CAT Hyderabad Bench for the present by pointing out that he had already taken up the assignment of the State government as One Man Commission of Inquiry to probe into the alleged illegalities in the Mysuru Urban Development Authority.

The GO said that Mr. Desai had “submitted his unwillingness to join CAT Hyderabad Bench due to personal reasons”, while pointing out that he had, in his application for appointment as a judicial member of CAT, declared that “he will not decline appointment and will join within 30 days” besides stating that he was “aware of the norm that he may be debarred for three years if he violated the conditions”.

Meanwhile, it was contended on behalf of Mr. Desai that neither his consent was obtained before sending the proposal for his appointment to the Appointments Committee of the Cabinet (ACC) nor a notice was issued to him before debarring him as was required according to the norms.

His name for appointment as a Judicial Member of CAT was recommended by a search-cum-selection committee headed by a judge of the Supreme Court and approved by the ACC.