The High Court of Karnataka has dismissed a petition filed by M. Sudheendra Rao, who was chairperson of the Karnataka State Pollution Control Board (KSPCB), disputing the genuineness of his alleged letter resigning from the post as well as questioning validity of the “fabricated” resignation letter claiming that it was not in format prescribed by law.
Mr. Rao had questioned the May 2, 2020, notification issued by the State government accepting the resignation letter, also dated May 2. It was claimed in the petition that the resignation letter was fabricated though it was his original signature on the resignation letter.
One of the few blank sheets, on which the petitioner had signed to enable an advocate of the Board to submit certain information to the High Court in a PIL petition in February 2020, was used for fabricating the letter, it was alleged in the petition.
However, this argument was later withdrawn in view of the pending criminal proceedings initiated based on Mr. Rao’s complaint on fabrication of the letter as the High Court could not go into the disputed facts under investigation in the writ jurisdiction.
Also, the government told the High Court that the police had filed “B” report on the petitioner’s complaint of fabrication of resignation letter against the advocate. On the other hand, it was contended in the petition that the “fabricated” letter was not in the manner prescribed in the provisions of the Water (Prevention and Control of Pollution) Act, 1985.
The Water Act prescribes that the resignation letter has to be addressed to the State government but in his case the “fabricated” letter was addressed to the Chief Minister, and hence was not in prescribed format, it was contended in the petition.
Not legally disputed
Declining to accept this contention, Justice Krishna S. Dixit in his July 17 order observed, “... true it is, that the Chief Minister is not the manifestation of the State unlike the King in England; but he acts as a limb of the government, is not legally disputable. Therefore, the letter of resignation addressed to the Chief Minister, Government of Karnataka, can be safely construed as the one addressed to the State government as per the Act in terms of the constitutional scheme...”
Meanwhile. the High Court clarified that the observations made in the order will not otherwise influence or affect the consideration of the “B” report filed by police in the criminal proceedings or the pending proceedings instituted by the petitioner against the advocate before the Karnataka State Bar Council.
