High Court directs DPAR to hear all persons concerned in the matter and decide as per law

 Following a petition in the Karnataka High Court regarding certain irregularities in the Mysore Palace allegedly involving Mysore Palace Board Deputy Director T.S. Subramanya, the Court has asked the Principal Secretary, Department of Personnel Administration and Reforms (DPAR) to take suitable action in accordance with law. The petition sought Subramanya’s transfer for free and fair investigation.

Bengaluru-based NGO Hasiru Foundation, headed by Shivaprakash, had filed a writ petition (32895/2016) in the High Court alleging irregularities and misuse of power. The petition contended that the DPAR authorities have not transferred Subramanya till the enquiry pending against him before the Upa Lokayukta is completed. The NGO had urged the court to direct DPAR to transfer Subramanya for an impartial probe.

Hearing the NGO’s petition, the bench of Chief Justice Subhro Kamal Mukherjee and Justice R.B. Budihal, on January 20, directed the DPAR Principal Secretary to consider the representation given by Hasiru Foundation and take action in accordance with law.

In a press release issued on Feb. 11, Shivaprakash has stated  that the High Court has asked the DPAR to consider the representation given by the Hasiru Foundation Trust dated 24-2-2016.

The High Court order said, “We feel, justice will be subserved if we dispose of this writ petition directing the first respondent to consider the said representation, after giving opportunity of hearing to all persons concerned in the matter, including the applicant in the application for addition of parties being T.S. Subramanya, and take appropriate decision in accordance with law.”

TRANSFER ISSUE

The State authorities have realised that it is not possible to transfer Subramanya. As per the decision taken at a meeting of Mysore Palace Board and as per (government order dated 12.12.2011) Karnataka Civil Services Cadre and General Recruitment rules 1977 Rule 16 A (ii), Subramanya has been transferred permanently (service merger) as the Mysore Palace Board Deputy Director. This apart, as per the government order (23.01.2013) Subramanya will remain in the post of Palace Board Deputy Director till he retires or till further orders.

Despite the above orders, the State government, on 29.11.2013, issued an order for the mutual transfer between Swamy, the Deputy Director of the Department of Archaeology and Museums in Dharwad and Subramanya. However, Subramanya filed a writ petition in the High Court questioning the mutual transfer order.

Arguing in the case, State Advocate General told the court that since Subramanya was transferred permanently as Mysore Palace Board Deputy Director, the mutual transfer will be a violation of law.

Later, the mutual transfer order was withdrawn by the government on 05.03.2014 and the high court had disposed of the case accordingly.

Later, Swamy, who was earlier transferred as Mysore Palace Board Deputy Director in the mutual transfer with Subramanya approached the Karnataka Administrative Tribunal (KAT) seeking to cancel the government notification issued on 05.03.2014 where the mutual transfer order was withdrawn. His plea was dismissed by the KAT on 16.04.2014.

According to sources, a powerful minister is lobbying to bring officer Swamy as the Palace Board Deputy Director. But as Subramanya will approach the court if transferred, the government is not keen on his transfer, sources added.