Three weeks after Karnataka HC quashed the appointment of Shankar M Bidari as the state DG&IGP, the Supreme Court stayed the order and asked the high court to examine afresh the appointment of the incumbent, AR Infant.
Three weeks after Karnataka High Court quashed the appointment of Shankar M Bidari as the state DG&IGP, the Supreme Court stayed the order and asked the high court to examine afresh the appointment of the incumbent, AR Infant.
But here is the catch: the Supreme Court has asked the HC to dispose of the case before May 31. After this date, the outcome of the decision will cease to matter as both Infant and Bidari will retire from service on that day.
Bidari was asked to step down from the post of DG&IGP on March 30, when the high court upheld the verdict of Central Administrative Tribunal (CAT) that his appointment was done in a hurried manner and without considering the charges of human rights violation against him. Infant, who had challenged Bidari’s appointment, took over the post of the state’s top cop.
Bidari had appealed against the decision in the apex court, which ruled in his favour on Tuesday. A bench of Justices Aftab Alam and CK Prasad asked Karnataka high court to examine the matter afresh.
The SC on Tuesday observed that Karnataka high court had not gone into the findings of Justice Sadashiva Commission and National Human Rights Commission and passed its order based on assumptions. The high court had, on March 30, set aside Bidari’s appointment, observing that only one-sided version of his service was sent to the Union Public Service Commission (UPSC).
While giving its orders, the apex court observed that it was of the view that the findings of the Sadashiva Commission and NHRC—which were the main reasons behind Bidari’s ouster—were not relevant considerations for empanelled officers. However, the SC said it would not go into the merits of the issue at this stage and left it to the high court. The apex court has directed the HC to go through the report of Sadashiva Commission in detail and then arrive at a decision.
Responding to the development, home minister R Ashoka said the government would take a decision regarding the post of top cop after it got a detailed copy of the Supreme Court’s order.
Bidari expressed happiness over the decision of the Supreme Court, stating that justice was done. Infant, on the other hand, said he would wait for the high court’s decision, refusing to comment on the Supreme Court’s order.
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