Apex court stays order in Karnataka cop’s case

June 1st, 2012 - 4:44 pm ICT by IANS  

New Delhi, June 1 (IANS) In a relief to former Karnataka Police chief Shankar Mahadev Bidari, the Supreme Court Friday stayed the state high court order holding illegal his appointment to the top post.

An apex court bench of Justice K.S. Radhakrishnan and Justice C.K. Prasad, while staying the May 28, 2012 order of the high court left it to the state government to appoint anyone as state police chief.

The court stayed the high court order saying that there was nothing adverse against Bidari during his service career, including in Justice Sadasivam’s Facts Report on atrocities committed by Special Task Force personnel on tribals during a joint operation against sandalwood smuggler Veerappan.

Bidari had appealed against the May 28 order of the Karnataka High Court dismissing his plea against Central Administrative Tribunal’s (CAT) March 16 order related to his appointment.

The CAT quashed his appointment as the state police chief. The high court’s May order was the second declining to interfere with the CAT order setting aside Bidari’s posting.

By its earlier order of March 30, the high court while affirming the order of the CAT directed the removal of Bidari and his replacement by his colleague A.R. Infant.

The apex court by its order of April 24, set aside the order of the high court and remanded back the matter asking it to consider it afresh.

The high court was also asked to decide the matter before May 31, the retirement date of both Bidari and Infant.

The apex court had also suspended the operation of the order of the CAT.

The CAT and later the high court by its March 30 order set aside the appointment of Bidari as the police chief on the grounds that the state government had not provided the full material to the Union Public Service Commission before his appointment.

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