State cabinet seeks to curtail governor’s powers

Locked in a tussle with governor HR Bhardwaj, the state government, in an apparent bid to deliver a rebuff, has decided to curtail the governor’s powers of intervention in routine administration. The state cabinet on Friday decided to amend rule 18 of the Karnataka Civil Services (Classification, Control and Appeal) Rules 1957, which allows group A and B officers of the state government to appeal to the governor against orders imposing penalties.

The KCSR Rule 18, clause A reads: “Any member of the state civil service groups A & B may appeal to the appointment authority against an order made by another, subordinate to it. Clause B allows officers to file an appeal to the governor against an order made by other authorities with effect to imposing a penalty, dismissal or suspension from service and withholding of pension.

The state cabinet has now decided to amend this rule, effectively closing the doors of the Raj Bhavan for group A and B Karnataka Administrative Service (KAS) officers. At present, whenever a dispute arises between government officials and the state government, officers have two options for redressal: either approach a court of law; or file an appeal before the governor against the penal action. Most officials exercise both these options.

“These rules of the KCSR create confusion and nuisance. We have decided to amend the KCSR rule 18,” said a minister, who refused to be quoted. A senior official said that the move is a clear indication that the state is on an offensive against the governor.

The matter will not rest here. Controversy will be raked up once the issue is raised by the opposition in the forthcoming session of the state legislature. Even if the proposal is approved in the legislature, the governor would have the power to refuse his assent to the bill.

Meanwhile, the state cabinet also discussed the pros and cons of writing to the president against governor Bhardwaj. A senior minister, speaking to DNA, said that the cabinet has decided to meet again before taking a final decision in the matter.

“The cabinet discussed the issue. Many of the ministers and even the chief minister felt that it would not be appropriate for the government to write a letter to president against the governor, as that would lead to a direct confrontation. Instead, the chief minister is contemplating carrying out the battle against the governor through his party,” the senior minister said.

The cabinet also decided to conduct a 10-day legislative session starting January 6, 2011. Governor Bhardwaj will address the joint legislative session on the first day. The first three days of the session would be devoted to debate various scams that have rocked the state. “After the panchayat elections, I will meet the governor and request him to convene the joint session,” Yeddyurappa told reporters.

The cabinet also approved the setting up of Karnataka State Industrial Security Force (KSISF) on the lines of Central Industrial Security Force. The government would release `26 crore for KSISF. About 1,060 personnel would be recruited in the first phase, It was also decided to give 21 acres at Karnataka Veterinary Animal and Fisheries Science University (KVAFSU) near Hebbal to construct the Judges Colony.

The cabinet also decided to make separate cadre and recruitment rules for minority development department which does not have regular staff. More than 1,600 staff was deputed from other departments. The recruitment would begin after making separate cadre and recruitment rules.

Many ministers, including R Ashoka and Shobha Karandlaje, absented themselves from the meeting due to the upcoming panchayat elections. Only eight ministers were present