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Law

Karnataka HC Stays Centre’s Move to Bar Ex-Justice P N Desai from Govt Roles

The order, issued by the Ministry of Personnel, Public Grievances and Pensions in November 2024, has been put on hold until the next hearing on February 6.

Karnataka HC Stays Centre’s Move to Bar Ex-Justice P N Desai from Govt Roles

Justice P N Desai and the Karnataka High Court (Bill Graphic)

The Karnataka High Court has temporarily stayed a Union government order that barred retired Justice P N Desai from taking up government appointments for three years.

The order, issued by the Ministry of Personnel, Public Grievances and Pensions in November 2024, has been put on hold until the next hearing on February 6.

Justice Desai, who retired from the Karnataka High Court, was appointed in July 2024 as the sole-member commission of inquiry to probe the alleged MUDA land scam. Senior advocate Udaya Holla, representing him, argued that Desai had declined a position as a judicial member of the Central Administrative Tribunal (CAT) before his debarment, The Indian Express reported.

According to Holla, Desai had conveyed his inability to take up the role in an August 14, 2024, communication, citing his prior commitment to the Karnataka government's inquiry.

Holla further contended that the appointment process mandates the candidate's consent before finalizing the selection.

 Additionally, if an appointed individual does not assume the role within 30 days, a 15-day notice must be issued before any debarment decision is made.

Justice R Devdas, presiding over the matter, noted that Desai was neither informed of his selection nor served any notice before the debarment order was passed. The court also took into account media reports suggesting Desai’s disqualification from future appointments to the CAT.

Given these circumstances, the court granted an interim stay on the debarment order, allowing the matter to be reviewed further in the next hearing.

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