HC stays CAT order on DCF's transfer

HC stays CAT order on DCF's transfer

Hearing an appeal by Mallesh, the Division Bench comprising Justices N Kumar and Aravind Kumar at the High Court Circuit Bench in Dharwad stayed the CAT order vacating the stay and orally observed: “A tainted person who has issued a certificate terming forest land as non-forest land to favour a mining company and is involved in bogus timber auction, cannot be posted to such a sensitive post,” it stated.

The DCF had appealed to the CAT against the transfer, stating that it was effected on the orders of Chief Minister B S Yeddyurappa at the instance of State BJP president K S Eshwarappa.

The applicant (Mallesh), who was posted to the Haliyal division in late 2009, was suddenly transferred from the place and was replaced by H C Kantharaju, DCF, Virajpet division, Kodagu, on November 15, 2010.

According to the applicant, no posting was given to him after he was transferred and it was clear that it was done to accommodate Kantharaju.

Mallesh pointed out that Kantharaju was transferred to Bangalore on June 11, 2009, but managed to stayed back using his influence and got transferred to Virajpet division in Kodagu. He said Kantharaju was arrested by the Lokayukta on October 8, 2009 under Section 13 (1)(c), 13 (1)(d) of Prevention of Corruption Act and for conducting bogus auction of government timber at Titimati (Kodagu). He was released on bail on October 12, 2009.

According to the applicant, he was transferred to Haliyal division following the directions of the Chief Minister. The latter had acted at the behest of the letters dated September 11, 2009 and September 15, 2010, written by local MLA Sunil Hegde and Eshwarappa, respectively.

Counsel for the applicant Gangadhar Sangolli, describing the transfer ‘political fraud’ said that being a group ‘A’ servant, the applicant should be allowed to serve for at least three years in a place. Chairman of CAT, N D Raghavan, who ordered the stay of transfer, had referred the matter to the Division Bench. However the HC Bench has stayed the transfer.

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