In a major setback to the Lokayukta’s anti-corruption drive, a police officer who was placed under suspension by the police commissioner following the Lokayukta report, has got a stay order on his suspension by the Karnataka Administrative Tribunal.

ACP Vishwanath Singh, in charge of Vikasa Soudha security, who was suspended for charges of alleged corruption, was granted a stay order by the KAT two days ago, reportedly on the grounds of equity since the officer is supposed to retire on January 31 this year.

On Friday, three other police officers, placed under suspension for similar reasons, appealed before the KAT for a stay order.

But the Tribunal adjourned the matter for two weeks calling for government records.

Mallikarjun, inspector (traffic) (case number 5062), H Sidappa, inspector (law and order) Ram Murthy Nagar (case number 5092) and H J Mariswamy Gowda, inspector (City - Special Branch) (number 5076) filed a petition before the Tribunal for a stay on their suspension order stating that neither any reasons nor appropriate sources were quoted while passing the order. They also maintained that it’s not a case in which they can be suspended.

Mammoth operation
On November 3, last year the Lokayukta police in a mammoth one-day operation conducted raids under the Prevention of Corruption Act at the premises of 13 government officials and found incriminating documents and huge amount of assets disproportionate to their known sources of income. Seven of them were police officers. Out of these, four have appealed before the KAT. Only one officer got the stay order.

Inability
The Additional Director General, Lokayukta police Rupak Kumar Dutta wrote to City Police Commissioner N Achyutha Rao requesting him to suspend the officers. Mr Rao replied stating his inability to do so since the police officers do not come under the Conduct Rules for the Civil Servants.

On that the Lokayukta wrote to the advisors to the Governor, apprising them of the raids and with a request for amendment to the Conduct Rules. Following the letters, the police commissioner placed all the raided police officers under suspension.

As per the rules, a suspension order has to be issued by a competent statutory authority and should quote the source of power to issue such an order. Since no source of power has been cited in the suspension orders, the raided officers have filed the petition before the KAT seeking a stay order.

But even if no source of power has been quoted in the impugned order it’s not an irregularity provided the court is satisfied that such power is vested in the authority concerned. It may be an irregularity but a “curable irregularity,” said a judicial officer.

Also, a stay order is only a “temporary relief. It’s not the same as the suspension order being quashed,” he added.