The Karnataka High Court on Wednesday ordered issue of notice to the State and the Bangalore city police on a petition seeking direction to the police to register a criminal case against S.R. Vishwanath, MLA for the Yelahanka Assembly constituency, for allegedly drawing remuneration from the State and Union governments simultaneously.
Justice A.S. Bopanna passed the order on a petition filed by social activist V. Shashidhar, a resident of Yelahanka. The court also ordered issue of notice to Mr. Vishwanath.
Based on the information obtained through RTI Act, the petition alleged that Mr. Vishwanath was working as a Mechanic (Grade A) with Hindustan Aeronautics Ltd. (HAL) and as a member of the Bangalore Urban zilla panchayat between 2000 and 2005.
Pointing out that the Service Rules of the HAL did not permit an employee to contest an election to a local body and become a member, the petitioner alleged that Mr. Vishwanath drew salary from the HAL and honorarium from the zilla panchayat between 2002 and 2005. “Drawing of remuneration from two sources by a public servant is illegal as per the law and verdicts of the High Court and the Supreme Court,” the petitioner claimed. The petition alleged that attempts to register a complaint against Mr. Vishwanath for cheating, criminal breach of trust, and misappropriation causing wrongful loss to the State and Union governments had not been successful. The police had said that the complaint was more than six year old and could not be investigated under Section 125A of the Representation of People Act (penalty for filling wrong affidavits) and asked the petitioner to approach the court. However, the petitioner claimed that the police could not refuse to register a first information report when a cognisable offence was reported.
