Siddaraju vs State of Karnataka and others. Writ Petition 11455/2020 decided on 1 December 2020.
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/350672/1/WP11455-20-01-12-2020.pdf
Relevant paragraphs: The petitioner was appointed as Director of Karnataka Power Transmission Corporation Limited (KPTCL), on 6:12:2019. The petitioner is aggrieved by the order dated 7:10:2020 passed by the respondent-State Government, whereby respondent No.4 was appointed as Director of KPTCL and the petitioner was appointed as Managing Director of Power Company of Karnataka Limited. Subsequently, the State Government issued one more notification dated 16.10.2020 appointing the petitioner as Managing Director, Mysore Electrical Industries Limited.
Observations: Paragraph 12. Before parting with this writ petition, this Court deems it necessary to remind the State Government and the top Executives that appointments and transfers are required to be made in “public interest”. Public interest means the interest of the State and the citizens. If the same is followed in letter and spirit, the powers that be would not have to face inconvenient questions and such actions would considerably reduce unwanted litigations. It is sad that though this Court and the Hon’ble Apex Court have time and again reminded the powers that be of their constitutional obligation to act in accordance with law, both in letter and spirit, orders of appointment and transfers are made with utter disregard to the reminders and have become source of genuinely avoidable litigations. It would be apt to quote the prophetic words of Dr.B.R.Ambedkar, “However good a Constitution may be, if those who are implementing it are not good, it will prove to be bad. However bad a Constitution may be, if those implementing it are good, it will prove to be good.”
Writ petition stands dismissed. No order as to costs
Compiled by S. Basavaraj, Daksha Legal.
Daksha Legal 