KPSC scam: Karnataka govt to establish 'changed circumstances' in courts

Only the President of India had powers to withdraw sections under Prevention of Corruption Act

The government is trying to establish the ‘changed circumstances’ in courts to absorb the 362 group ‘A’ and ‘B’ gazetted probationers of the 2011 batch appointed by Karnataka State Public Services Commission (KPSC), Law and Parliamentary Affairs minister J C Madhuswamy said.

Responding to a calling attention motion by Mudigere MLA M P Kumaraswamy, Madhuswamy said that though the Cabinet had withdrawn prosecution sanction against KPSC members involved in the recruitment scam reported in 2011, provisions invoked against them under Prevention of Corruption Act (PCA) could not be revoked by the government.

Only the President of India had powers to withdraw sections under PCA.

“There is a legal process”, he said, adding that the state was caught between its powers to exercise legislative powers (and absorb the probationers) or filing a petition in the court.

“This is a major issue for us. We are trying to look for an alternative. We are bound to convince the court,” Madhuswamy said.

Discussions are being held with experts to assess whether the government should convince the high court (where a case is being heard about the gazetted probationers) or whether it should discharge the case in the sessions court,” he said.

Now, the government is trying to establish the “changed circumstances” in front of courts for the benefit of affected candidates, Madhuswamy said.

The appointment of the gazetted probationers of 2011 batch is mired in controversy and the legality of the appointments initiated by the government is challenged in the High Court.

The CID had investigated the issue and also filed a charge sheet. In the previous session, the government had said that it was mulling the ordinance route to absorb the candidates.