Karnataka High Court Quashes Centre's Order Debarring Retired Judge From Any Govt Appointments For 3 Years

Justice R Devdas allowed the petition and said, “If the R2 (MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, DEPARTMENT OF PERSONNEL AND TRAINING) would have followed procedures as contemplated in OM (Office Memorandum) and vacancy circular, the R2 would have never issued such impugned order, debarring the petitioner. Consequently the writ petition is allowed. The impugned order is quashed and set aside.”

Justice Desai has been appointed by the State Government as the One Man Commission of Inquiry, to probe the alleged Mysuru Urban Development Authority (MUDA) scam, which was stated to involve Chief Minister Siddaramiah and others.

Senior Advocate Uday Holla, appearing for the petitioner, had submitted that he was appointed as a judicial member of the Central Administrative Tribunal but had sought postponement of joining as he had already taken up the assignment offered by the State government. Instead of considering the same the Central Government has barred him.

Referring to an office memorandum of the authority dated 2009, it was informed that consent of selected candidates should be obtained before sending the ACC proposal to the Secretariat of the Appointments Committee of the Government of India. Further, it provides that if the candidate does not join within 30- days, the administrative department should issue a 15-day notice, calling upon the candidate either to join or face debarment clearly spelling out the consequence of debarment.

It was contended that neither the consent was obtained nor a notice was issued to the petitioner before passing the impugned order by the department.

The court agreed with the petitioner's submission and said “This court is of the considered opinion that not every case of decline to accept the offer of appointment would call for debarment. The second respondent has mechanically passed the impugned order, going by the conditions and provisions that would govern the post of appointment to Judicial member of Central Administrative Tribunal". 

Case Title: Justice PADMARAJ NEMACHANDRA DESAI AND Union of India & Others

Case No: WP 2274/2025

Citation No: 2025 LiveLaw (Kar) 67

Appearance: Senior advocate Uday Holla for Advocate Prateek Rath and Girish B.M for petitioner.

Deputy Solicitor General SHANTHI BHUSHAN H for Respondent. 

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