IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 PRESENT THE HON'BLE MR. JUSTICE S.N. SATYANARAYANA AND THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.43036 OF 2019 (S-KSAT) BETWEEN:
1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU-560 001 2. THE COMMISSIONER FOR SURVEY SETTLEMENT AND LAND RECORDS, K.R.CIRCLE, BENGALURU-560 001.
(BY SRI R. SUBRAMANYA, AAG A/W SRI VENKATESHA DODDERI, AGA) AND:
1. SRI T.UMESH AGED ABOUT 43 YEARS, S/O THIMMAIAH OCC: SURVEYOR ...PETITIONERS OFFICE OF THE ASSISTANT DIRECTOR OF LAND RECORDS, K.R.PURAM, BENGALURU R/AT NO.263, I CROSS, 2ND STAGE, 12TH BLOCK, NAGARABHAVI, BENGALURU.
2. SRI SHIVARUDRAIAH S/O SHADKSHARAPPA, AGED ABOUT 35 YEARS, OCC:SURVEYOR, OFFICE OF THE ASSISTANT DIRECTOR OF LAND RECORDS, KANDAYA BHAVANA, 1ST FLOOR, BENGALURU SOUTH.
3. SRI CHANDRASHEKAR K S/O LATE KAMBAIAH, AGED ABOUT 43 YEARS, OCC:SURVEYOR, OFFICE OF THE ASSISTANT, DIRECTOR OF LAND RECORDS, KANDAYA BHAVANA, 1ST FLOOR, BENGALURU SOUTH.
4. T. RAVINDRAPPA AGED ABOUT 58 YEARS, S/O HALAPPA, WORKING AS PRINCIPAL SURVEYORS, TRAINING INSTITUTE, KALBURAGI, (AMENDMENT CARRIED OUT AS PER ORDER DATED 5.11.2019) …RESPONDENTS (BY SRI.SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR R1 TO R3;
SRI.D.R.RAVISHANKAR, ADVOCATE FOR R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 19.08.2017 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION NOS.4715-4717/2017 VIDE ANNEXURE-B.
THIS PETITION COMING ON FOR ORDERS THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER In this matter, petitioner No.2 - Commissioner for Survey Settlement and Land Records, who was present before the Court had stated that certain transfers which had taken place in his Department is by collecting bribe. In fact, he made that statement by looking into the order dated 14.08.2017 in Endorsement No.SSLR/ADM/TRS/15042/73/2017.
2. It is in this background, this Court felt that an inquiry is required, more particularly, when collection of money for transfer has come in an Official Memorandum, the same should be taken to its logical conclusion by the State. It is seen that there was no such attempt by the State.
3. In the aforesaid circumstances, the Principal Secretary to Revenue Department, Sri Manjunath Prasad, who was present before the Court was informed/directed to hold an inquiry. It is seen that thereafter, a memo is filed on 29.11.2019 with so called inquiry report filed by the said Principal Secretary in indicating that whatever that was found in order dated 14.08.2017 vide Annexure-A3, is without basis. This Court is aghast to accept and digest the said report. Incidentally, this inquiry was ordered not at the request of the respondents who suffered the transfer order; not at the instance of common man alleging large scale corrupt practice is there in Government Department when it comes to effecting transfer of its officials, but it is on the basis of observation in the Official Memorandum vide Annexure-A3, which was supported by the oral statement of petitioner No.2 – Commissioner for Survey Settlement and Land Records.
4. It is clearly seen that there has been an unseen pressure by unknown sources on the Principal Secretary, Revenue Department, Sri Manjunath Prasad, in giving this farce of a report. We can only pity him for having succumbed to the pressure to retrace the statement which was made in the Official Memorandum dated 14.08.2017 and contrary to the statement made by petitioner No.2. It is nothing but reflection of sad state of affairs in the functioning of the Government.
5. When we looked into the stage of cases which are pending before us as well as before the Karnataka State Administrative Tribunal (‘KSAT’ for short) in noticing that large number of officials of the State wandering in the corridors of this Court either in aid of illegal activity to get themselves into plum post (according to them for making money) which is taken by others is seen day in and day out. The orders which are passed in the KSAT are invariably taken up to its logical end to ensure that these officials would ultimately secure the places which they intend to occupy at whatever cost (monetary consideration).
6. It is in this background, this Court painfully place on record that these transfers which is claimed in public interest is nothing but farce. The report which is submitted by the Principal Secretary is nothing but a slap on the face of truth, where the said officials is made to give a report which is contrary to the records. Therefore, the report which is submitted to this Court is not even worth the paper on which it is printed. Hence, the same is rejected for the aforesaid reasons.
7. In any event, this Court feel sad that on an earlier occasion this Court was made to believe that a person who is not before the Court is involved in collecting money for transfer. That resulted in an order being passed by this Court in directing respondent to issue an order of suspension. The said mistake is rectified in recalling the said order dated 22.10.2019 in directing to suspend Sri T.Ravindrappa, Principal, Surveyors Training Institute, Kalaburagi.
8. With such observation, while giving a quietus to this, knowing fully well that any further order which would be passed is nothing but extending the farce.
9. While rejecting this report, this Court would dismiss the writ petition reserving liberty to the petitioner – State to pursue the application which is pending before the KSAT on its merits.
Accordingly, writ petition is dismissed.
Sd/- JUDGE Sd/- JUDGE CA