Karnataka High Court overturns Centre's decision to bar retired judge from government appointments

The Karnataka High Court on Thursday quashed and set aside a Central government circular that had debarred former Karnataka High Court judge Justice Padmaraj Nemachandra Desai from any government appointments for three years..Justice R Devdas passed the judgment after noting that the circular dated November 7, 2024, was mechanically passed by the Union government’s Ministry of personnel, public grievance, and pensions.The High Court found that the Department of Personnel and Training (DoPT) had taken the drastic step of debarring former Justice Desai from government appointments without complying with mandatory procedures such as seeking his consent and issuing a 15-day notice before his appointment was finalised. If these procedures had been properly followed, the Centre would never have passed the debarment order, the Court opined. "The 2nd respondent (DoPT) has mechanically passed the impugned order, going by the conditions and provisions that would govern the appointment of judicial member of the Central Administrative Tribunal. If the 2nd respondent had followed procedures contemplated in OM and vacancy circular, the 2nd respondent would have never issued such an impugned order debarring the petitioner. Consequently, the writ petition is allowed. Impugned order is quashed and set aside," the Court said. .Senior Advocate Uday Holla appeared for Desai while Central government was represented by Assistant Solicitor General H Shanti Bhushan..By way of background, in July 2024, the Central government issued a notification appointing Desai as a judicial member of the Central Administrative Tribunal (CAT) Bench at Hyderabad.However, at the time, Desai was already serving as the chairperson of a one-man judicial commission constituted by the Karnataka government to probe the alleged irregularities in the allotment of sites by the Mysuru Urban Development Authority (MUDA). On August 14, 2024, two weeks after Desai came to know of his CAT appointment, he wrote to the President of India and the Government of India thanking them for selecting and appointing him.However, he also indicated that he had already accepted an assignment offered by the Karnataka government and had assumed charge as the chairperson of the one-man commission. Desai further informed the central authorities that his term at the judicial inquiry commission was for six months and therefore, he was constrained to decline the offer to be part of the CAT for the time being.However, the DoPT proceeded to issue a circular debarring Desai from any government appointment for three years..This debarment circular was challenged by Desai before the High Court. His counsel, Senior Advocate Holla, argued that the retired Karnataka High Court judge had not been granted a fair hearing and that the Union government had breached the principles of justice in issuing such a debarment circular.The Central government, represented by ASG Shanti Bhushan, countered that while applying for the CAT member position, Desai had signed a declaration that he was aware that he could not decline the post once appointed and may face debarment if did so. .However, Holla pointed out that the applicable procedure required the Centre to first seek a candidate's consent before a proposal to appoint him is forwarded to the government's Secretariat. Further, the rules also contemplate a personal interaction with the candidate before his selection is finalised.Moreover, if a candidate does not accept a position, he is also required to be issued a notice giving 15 days time to join the post or risk debarment. None of these steps was taken by the government before the debarment circular against Desai was issued by the Centre, Holla contended.The Court found merit in these submissions and proceeded to allow the retired judge's writ petition today..[Read Judgment].[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.