The Hindu : Karnataka / Bangalore News : Chief Secretary’s explanation not accepted

Online edition of India's National Newspaper
Tuesday, Jul 24, 2007
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Karnataka

Karnataka - Bangalore

Chief Secretary’s explanation not accepted

Staff Reporter

Issue relates to non-compliance of orders on regularisation of houses in a layout

BANGALORE: The State Government on Monday suffered a major embarrassment when the Karnataka High Court once again refused to accept an explanation by the Chief Secretary setting out the reasons for not complying with the court orders relating to regularisation of houses in Balaji Layout near Hebbal, Bangalore.

This is the second time in two weeks that the court has not accepted the Chief Secretary’s explanation on the issue. On April 12, the court had rejected the Chief Secretary’s explanation and on July 16 it had ordered issue of non-balilable warrant (NBW) against Chief Secretary P.B. Mahishi.

Though the court had recalled the NBW against Mr. Mahishi, it had posted the case for further orders on July 23. The case pertains to an interlocutory application (IA) by Kavitha and others seeking a direction to the State to regularise construction of their houses in Balaji Layout in Kodigenahalli near Hebbal.

According to the petitioners, though there was a court order, no action had been taken by the Government so far for regularising their houses or in disposing of their applications as per the directions of the court.

When the matter came up on Monday, the Government advocate, R.B. Venkataramana, said he was filing another explanation of the Chief Secretary detailing the reasons for the delay in complying with the court orders.

Justice Rammohan Reddy, who is hearing the case, perused the explanation and said he would not accept it. He noted that he had during the last hearing passed orders rejecting the first explanation. He wanted to know what had happened to the government file relating to the regularisation of houses in Balaji Layout. He said he would not be satisfied with the explanation that any delay in taking a decision was due to absence of the file.

Mr. Venkataramana urged the court to accept the explanation, saying that it contained complete details on the issue. He also urged the court to permit the State to go ahead with the review petition it wanted to file on the matter. Mr. Justice Reddy, however, said he would not accept the explanation and adjourned further hearing on the case to July 30.

Stayed

A Division Bench comprising Chief Justice Cyriac Joseph and Justice S. Abdul Nazeer on Monday, in an interim order, stayed the transfer orders of G. Venkatesh as Range Forest Officer of Kotagerere in Tumkur.

The Bench came down heavily on the Government and the Principal Chief Conservator of Forests for “illegal and uncalled for order of transfer of an official.” It remarked that the transfer appeared to have been made merely because a Minister had recommended it. The petitioner, Venkatesh, said on April 5, 2006, that he was posted as Range Forest Officer of Anekal. He said he had reported for duty at Anekal on April 20. On February 28, 2007, he was transferred as RFO, Korategere, by the Principal Chief Conservator of Forests. He said he had challenged his transfer before the Karnataka Administrative Tribunal.

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