KPSC takes recourse to legal nuances to shield itself

The Karnataka Public Service Commission (KPSC) is trying to shield itself in the scam related to the appointment of gazetted probationers by stating that it is ‘functus officio’ (having discharged its duty) after the selection list is announced.

The government and the High Court, on their part, are trying to ensure that KPSC initiates action against the officials responsible for the irregularities and sets right the mess.

The government has written to KPSC to initiate action against the ‘tainted’ members and redo the list. But KPSC says that it cannot do so, indicating that the legal battle by the deprived candidates will go on for some more time. In an affidavit  submitted to the High Court, K R Sundar, secretary, KPSC, states, “Once the final list is published and forwarded to the government, the commission becomes functus officio”.

 The copy of the affidavit dated September 4, 2013, available with Deccan Herald, mentions about the government letter dated August 27, 2013, in which it raises important points, including: To initiate action on the allegations/findings of the CID in respect of the gazetted probationers examinations of 1998, 1999 and 2004.

The affidavit also mentions the question raised by the State government on initiating action against the officials of KPSC — K Narasimha, Gopalakrishna and M B Banakar, indicted in the CID report.

The secretary, in his reply, says that departmental proceedings have been initiated against the three KPSC officials. The reply says that it is in the process of cross-checking in connection with the moderation and scaling, “but this being an enormous task, it requires more time, till September 30, 2013, to complete the process.”

On the State government’s directions to redo the selection list, the KPSC says, “It is not within the powers of KPSC at this stage.”