Jaffer’s appointment as Lokayukta Registrar stayed

Observing that judicial officers cannot work under an IAS officer, the High Court of Karnataka on Tuesday stayed the State government’s notification of appointing IAS officer P.C. Jaffer to the post of Registrar, Karnataka Lokayukta.

The government, on August 6, appointed Mr. Jaffer to the vacant post even though the High Court’s administrative wing had already deputed a senior district judge. A Division Bench comprising acting Chief Justice Subhro Kamal Mukherjee and Justice B.V. Nagarathna passed the interim order during the hearing of a PIL petition, filed by Ananda Murthy, a city-based advocate, which questioned the appointment of an IAS officer instead of a person from the district judge cadre.

Meanwhile, M. Aruna Shyam, petitioner’s counsel, filed an application questioning the rules that also permits appointment of an IAS officer to the post. It was contended that allowing an IAS officer as Registrar of a quasi-judicial body like Lokayukta, which is independent from the government, is against the aims of the Lokayukta Act.

The Bench passed the interim order after Additional Advocate-General A.S. Ponnanna pointed out that the Ministry of Personnel and Public Grievances Pensions, after consulting the Karnataka government, issued a notification on January 22, 2014 reserving the post of Registrar of Lokayukta for the IAS cadre.

However, the Bench noticed there was no consultation with the High Court on its administrative side though a member of the cadre of district and sessions judge was holding the post of Registrar when the Centre, in consultation with the Karnataka government, reserved the post for the IAS cadre.

“Presently, the additional registrar in the office of the Lokayukta belongs to the cadre of district and sessions judge of Karnataka Judicial Service. They cannot work under an officer belonging to the IAS,” the Bench said in its order. Observing that

prima facie the January 22, 2014 notification ousted the judicial officers from being appointed to the post of Registrar in the office of Lokayukta, the Bench said this situation has a strong

prima facie case for staying the appointment of IAS officer to the post, else situation will become irreversible.