HC intends to end posting officers for ‘monetary considerations’

In an unprecedented order, the High Court of Karnataka has urged the Chief Justice to take the initiative Su moto Proceedings against the state government to end the “horrific practice” of posting officers “for reasons other than monetary considerations and public interest”.

Justice R. The Bench of Devdas passed an order on 15 March to pay attention to the “high-rank” of the Tehsildar and Assistant Commissioner (AC) of Bengaluru South Taluk, who acted contrary to the law even when it was related to the issue of grants. A parcel of land, valued at several crores of rupees, was a sub-judge before the High Court.

“This court should take judicial notice of the fact that such high-level action on behalf of the defendant-authorities [tahsildar and AC] If the officers were sensitive enough about their powers and functions and did not do so, a clear disregard could be made due to the fact that the postings are given to such sensitive offices and not on merit or attention to public interest. Keeping in .

“It is clear that the defendant-officers are fearless of the consequences of being in conflict with the law. Such officers are protected by the government. ”

Plum posting

Stating that “citizens of this state are given to understand that plum postings have been given for monetary consideration,” the court said that “such news and information is published in national newspapers, magazines, television channels and social media.” Is published. ”

“Such allegations have been leveled by opposition leaders and social workers; And by cutting out all the political parties that make up the government, [such] Charges are made against the heads of departments, ministers and the chief minister. “

The Court also said that “there cannot be two views that if an officer spends money to get a plume posting, he will take all possible measures to recover the money he has invested and the money for future needs.” Will make every effort to create and therefore, it creates a vicious cycle of corruption. ”

“The time has come when this court has to take steps to ascertain the truth of this fact and direct the state to formulate rules to check the principles of corruption by strangling the society. Therefore, it will urge the Court that the Chief Justice may take note and raise the comments. Su moto Action to end the sinister practice against the state government, ”Justice Devdas observed in his order.

About 1 acre of 30 acres of land in Doddathguru in Bangalore South Taluk was sold to one person in 2001, which was given to it by the government. Later it was divided into sites, many hands were replaced, and many large constructions were put in place.

However, Land has seen the history of lawsuits since 2005 before the revenue authorities and the court.

The AC and the Tehsildar, in February 2020, under the guise of violating the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Restrictions on Transfer of Certain Land) Act, 1978, acted hastily on the basis of an application made by an M . Muniraju, who was claiming ownership, alleged that the lands were sold through fabricated documents.

The Court observed that the record “clearly defrauds the conspiracy and perverse attempt” made by Jayamma and others, AC MG Shivanna and Tehsildar Shivappa Lamani, along with “Muguruzu” to “defraud the petitioners”, even when Litigation was pending on the ground.High Court.

Both officers abused their offices, violating human rights in arbitrary and unlawful acts with laws, procedures and their human rights, the court said.

The court directed the government to record its remarks in the service records of both the officers and conduct an inquiry against them. The court allowed the petitioners to go to the civil court for compensation for the damage done to their properties, directing the two officers to pay the cost of ₹ 10,000 to each petitioner.