The High Court of Karnataka on Monday stayed the criminal proceedings initiated against Mangala Sridhar, who was suspended as member of the Karnataka Public Service Commission (KPSC) following allegations of corruption in the recruitment of the 2011 batch to posts of Gazetted Probationers Group ‘A’ and ‘B’.
Justice Anand Byrareddy passed the interim order on a petition filed by her questioning the cognisance taken against her by the special court on August 16, 2014, based on sanction for her prosecution granted by the then Governor in July 2014. The Criminal Investigation Department had filed a supplementary charge sheet, arraigning her as one of the accused, after the Governor granted sanction for prosecution.
It was contended in the petition that the Governor had no power under the constitution to grant sanction to prosecute members of the State Public Service Commissions (SPSCs) as such power is vested only with the President of India, who is the authority to appoint or remove members of SPSCs.
The special court, it was contended in the petition, without applying mind on the validity of sanction had mechanically took cognisance merely based on the order issued by the Governor for her prosecution. The special court had also not yet considered her plea to examine the validity of sanction though a memo was filed in February 2016, the petition said.
Mangala Sridhar was suspended as KPSC member following allegations of corruption
