9911796707
TMI Blog2023 (2) TMI 1309X X X X Extracts X X X X X X X X Extracts X X X X ..... as been granted by the Minister-in-charge, who is not the competent authority as specified under KCSR and also the Transaction Rules, 1977. The petitioner is due for retirement on attaining the age of superannuation in the month of April, 2023. Hence, permitting the respondent to launch criminal prosecution afresh would be an abuse of process of law, since the petitioner will be deprived of speedy trial guaranteed under Article 21 of the Constitution of India for no fault of him. The impugned proceedings are quashed - petition allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... visions contained in the Karnataka Civil Services Rules, 1977. ii) Item 23 of Schedule I of Rules, 1977 makes it clear that all proposals relating to dismissal, removal or compulsory retirement of Group-A officers of the State shall be placed before the Cabinet. iii) Section 19 of the P.C. Act, 1988, makes it clear that, sanction is to be given by the authority which is competent to dismiss the person from the service. Hence, it is only the cabinet which has the authority to accord approval for prosecuting the petitioner. In the instant case, sanction granted by the Minister-in-charge is one without authority of law. iv) Rule 40 of the Transaction of Business Rules, 1977 makes it clear that, all items specified in Schedule II shall be placed before the Governor, and item 9(b) of Schedule II, makes it clear that proposal relating to dismissal, compulsory retirement, removal or reduction in rank of head of the Department shall be placed before the Governor. v) Hence, cumulative reading of the aforesaid provisions makes it clear that, insofar as it relates to the petitioner who was working as the Chief Engineer during the check period, the proposal first has to be placed befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s with the procedure for placing the cases before the Cabinet. 13. Rule 27 of the Transaction Rules, 1977 deals with the meeting of the Cabinet as directed by the Chief Minister. 14. Rule 28 of the Transaction Rules, 1977 specifies that the Chief Minister or, in his absence, any other Cabinet Minister, nominated by him, shall preside at a meeting of the Cabinet. 15. Rule 29 of the Transaction Rules, 1977 specifies that, when a case has been decided by the Cabinet, the Secretary of the Department shall take action to give effect to the decision. Sub-rule (2) of Rule 29 of the Transaction Rules, 1977 specifies that, the decision of the Cabinet relating to each case, shall be separately recorded and shall be placed with the record of the case. An extract of the decision shall be sent to the Secretary of the Department concerned for necessary action. 16. Rule 37 of the Transaction Rules, 1977 specifies that all cases of the nature specified in the Third Schedule to these rules shall, before the issue of orders thereon, be submitted to the Governor. 17. Item No. 9(b) of the Third Schedule of the Transaction Rules, 1977, deals with the proposals for rejection in rank, compulsory ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Rules, 21,23 & 40 of the Karnataka Government (Transaction of Business) Rules, 1977. 23. The decision rendered in the case of Sri Theerthira N. Appachu @Titira N. Appachu, supra, was also without reference to the Rules, 21, 23 & 40 of the Karnataka Government (Transaction of Business) Rules, 1977. 24. Section 19 of the Prevention of Corruption Act, specifies that, no Court shall take cognizance of an offence under sections 7, 10, 11, 13 & 15 in the case of the person who is employed in connection with the affairs of the State and is not removable from his office save by or his sanction of the State Government. 25. Conjoint reading of the provisions contained in the Section 19 of the Prevention of Corruption Act, KCSR and also the Transaction Rules, 1977, it is clear that the competent authority to take a decision, as to whether sanction can be granted to prosecute the petitioner, who is the head of the Department, is the Cabinet, and upon taking such a decision, the Cabinet has to recommend to the Governor for approval, and upon approval by the Governor, the Secretary of the department concerned pass an appropriate order. 26. In the instant case, sanction to prosecute th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
