High Court stays CAT order on transfer of Kamal Pant

The High Court of Karnataka on Tuesday stayed the interim order of Central Administrative Tribunal (CAT) directing the transfer of Kamal Pant, who was posted as Additional Commissioner of Police (Law and Order), recently.

Kamal Pant was transferred to the post on April 20 and Bhaskar Rao had challenged the appointment in CAT claiming that he should have been appointed to the post. The Tribunal on May 1, directed the State government to appoint Rao to the post.
Pant had approached the High Court claiming that the CAT order was contrary to the Administrative Tribunal Act and Karnataka Police Act.

Contending that his transfer was based on the recommendation of Police Establishment Board, Pant had stated that the exparte order of the Tribunal was communicated to him only on May 7.

He had cited the recent order of the High Court in the case of T Suneel Kumar in which it was held that recommendation of Police Establishment Board was mandatory for transfer of police officers.

While Rao contended that he too was recommended by the Board, the counsel for Pant submitted that the Board had identified three officers - Kamal Pant, Bhaskar Rao and Parashiva Murthy - for the post.

“However, the government, which is vested with the powers to select one person, zeroed on Pant, the senior among the three,” the counsel submitted claiming that Rao was never appointed to the post in question.

Justice Anand Byra Reddy, while granting a stay on the CAT order, directed issue of notices to Chief Secretary, Director General and Inspector General of Police and others.

Show cause notice stayed

The High Court has stayed the show cause notice issued by the Employees’ State Insurance Corporation to a private educational institution demanding payment of Rs 5.50 lakh.

Residence College had moved the High Court challenging the notice issued by the Corporation, claiming that the ESIC neither communicated with the college on the matter nor made a demand, but just issued a show cause notice. The petitioner claimed that it was not given an opportunity to present its case.

 The petitioner college had submitted that around 78 employees working in the institute are draw a salary of more than Rs 10,000 per month and as per the Rule 50 of ESI (Central) Rules 1980, the ceiling for coverage of employees under ESI is below Rs 10,000. Justice Anand Byra Reddy, stayed the show cause notice.

Stay vacated

A Division Bench of the High Court has vacated the stay on elections to Karnataka Chemists and Druggist Association (KCDA).

Justice Ram Mohan Reddy had stayed the elections following a petition by a member alleging violation of byelaws by the office-bearers. The joint secretary of the Association had approached the Division Bench in appeal.

Senior counsel Ashok Haranahalli, appearing for the Association submitted that the election cannot be stayed after the announcement of calendar of events. The Division Bench comprising Justices Anand Byra Reddy and Ravi Malimath vacated the stay.

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