The Karnataka High Court on Tuesday stayed the Centre’s notice debarring former high court judge Justice Padmaraj Nemachandra Desai from holding any government appointments for three years.
In its interim order, Justice R. Devdas granted stay on the impugned order (dated November 7, 2024) till the next date of hearing (February 6) of the petition filed by Justice Desai, and also issued notice to the respondent (Union government).
Justice Desai was appointed by the Karnataka government as the one-man commission of inquiry on July 14, 2024 to probe the alleged Mysuru Urban Development Authority (MUDA) site allotment scam involving Chief Minister Siddaramaiah and his family. The commission was given a six-month time to submit the report after examining the alleged irregularities in the MUDA between 20026 and 2024.
Subsequently, Justice Desai was appointed as the judicial member of the Hyderabad bench of the Central Administrative Tribunal (CAT) and asked to join within 30 days.
“Justice Desai sought time to join as he had already taken up the assignment offered by the Karnataka government. Instead of considering the request, the Centre has debarred him,” said advocate Uday Holla, the petitioner’s counsel.
The Union Ministry of Personnel Public Grievances and Pensions Department of Personnel and Training, in a letter dated November 7, had officially cancelled the appointment stating Justice Desai had not honoured the commitments he made in his application. The order had barred Desai from serving in any autonomous, legislative, or regulatory commission for the government.
Desai had contended that as per the government memorandum of 2009, the consent of selected candidates had to be obtained before sending the proposal to the Appointments Committee and also that of the candidate, on failing to join within 30 days, had to be issued a 15-day notice calling upon the candidate either to join or face debarment, clearly spelling out the consequence of debarment.
“Neither the consent was obtained nor a notice was issued to the petitioner before passing the impugned order by the department,” said Holla.
Even as the Justice P.N. Desai’s report on MUDA scam is awaited, as on today, the Karnataka High Court is hearing several appeals in the case. The HC has reserved its judgment on a petition seeking a Central Bureau of Investigation (CBI) probe into alleged irregularities in allotment of sites, and has adjourned the hearing in another appeal by the CM challenging the Governor’s sanction for investigation into the case to March 22, 2025.
