- (1.) Leave granted. Heard Mr. Gopal Subramanium, learned senior advocate appearing for the Appellant in Civil Appeal No. 3799 of 2012, Mr. U.U. Lalit, senior advocate appearing for the Appellant-State of Karnataka in Civil Appeal No. 3800 of 2012, and Mr. Altaf Ahmed, learned senior advocate appearing for the Respondent - A.R. Infant, Respondent No. 4 in C.A. No. 3799 of 2012 and Respondent No. 1 in C.A. No. 3800 of 2012.
(2.) By the judgment coming under appeal, Karnataka High Court dismissed the Writ Petitions filed by the Appellants and affirmed the judgment and order passed by the Central Administrative Tribunal, Bangalore Bench in O.A. No. 545/2011 setting aside the appointment of the Appellant, Dr. Shankar Mahadev Bidari, as Director General of Police (DGP), Karnataka.
(3.) The judgments of the Tribunal and the High Court are based on the finding that the panel prepared by the Union Public Service Commission (in short "UPSC") (from which the appointment of Dr. Bidari was made) was vitiated on account of the State Government withholding certain materials relevant for the appraisal of Dr. Bidari regarding his suitability for appointment as DGP. The materials, the non-production of which, according to the High Court, was fatal to the empanelment of Dr. Bidari is the report of Justice Sadashiv Panel (for the sake of brevity "Panel") and the NHRC proceedings/orders passed on the basis of the report of the Panel.;