The Karnataka High Court on Wednesday quashed the cognizance taken by a special court for prevention of corruption cases against Gonal Bhimappa, former chairman of the Karnataka Public Service Commission (KPSC), in connection with a case of irregularities in recruitment.
Justice Anand Byrareddy passed the order while holding that the special court had erred in taking cognizance without sanction for prosecution from the competent authority, the President of India, who has the power to appoint and remove the chairperson and members of the commission, as per Article 317 of the Constitution.
Meanwhile, the court ordered the return of the charge-sheet filed against Mr. Bhimappa to the investigating agency, which can submit it again to the court by following the procedure prescribed under the law.
Mr. Bhimappa had questioned the legality of February 4, 2017 order of the special court. His petition contended that the investigating agency had misinterpreted the communication of the Governor to proceed in accordance with the law, and had submitted a charge-sheet sans sanction for prosecution. It was also contended that the police, who probed the case, lacked jurisdiction to investigate corruption cases, and that there was no material against him for his being charge-sheeted.
