BANGALORE: In a move seen as an attempt to bail out former chief minister B S Yeddyurappa and other ministers indicted in the Lokayukta report on illegal mining, the BJP government today decided to seek "clarifications" from Lokayukta on its recommendations over removal of ministers.The state cabinet chaired by Chief Minister D V Sadananda Gowda, which debated the July 27 Lokayukta report, was of the opinion that the Lokayukta has not followed the principle of natural justice while recommending action against the then chief minister and removal of three other ministers."The order directing the removal of MLA or the minister is like civil death," Law and Parliamentary Affairs Minister S Suresh Kumar told reporters after the cabinet meeting.Clarifications were being sought on the basis of advice tendered by the state's advocate general and some legal experts, he said.Deliberating on the report two and half months after it was submitted by then Lokayukta Santosh Hegde, the cabinet decided to raise the issue whether non-officials, i.e. MLAs and MLCs could be bracketed under category of "public servant" under section 13 of Lokayukta Act, as the matter was probed by it on a reference by government under Section 7 (2)A of the act."It was essentially necessary for Lokayukta to follow the principles of natural justice. Persons named in the report should have been given an opportunity to explain. It is understood that no order can be passed in violation of principles of natural justice," he said. Differing with Hegde's report which sought removal of then ministers G Janardhana Reddy, his brother G Karunakara Reddy and their business associate B Sreeramulu, the cabinet asked can such power be exercised without complying with the principles of natural justice?Kumar said, "In the present case, the entire enquiry has been conducted without affording the persons who have been named in the report any opportunity to be heard," a contention echoed by Yeddyurappa when he was forced to step down from the chief ministership by his party high command.The government now wants Lokayukta to go into the issue whether it conducted the enquiry on a complaint or under a reference made by the government, he said."We are not questioning the Lokayukta report. Should we not ask for natural justice? Any action taken on the report will be a precedent in future," he said."Any action or recommendation by Lokayukta should be in consonance with Article 164 (relating to appointment of chief minister and other ministers by governor) and 191 (disqualification of membership) of the Constitution."In respect of all the 700-odd officials named in the report, the state will be affording them an opportunity to be heard before initiating action against them, he said, adding, "this is very very vital".Kumar said the official committee set up under chairmanship of Additional Chief Secretary will soon submit submit a report on action to be initiated against the officials. "The committee is in the final stages of giving its report."The government decision to seek 'clarifications' from the Lokayukta comes at a time when the anti-corruption watchdog does not have Lokayukta in the wake of Justice Shivaraj Patil, who succeeded Hegde, resigning from the post on September 19 following a controversy over allotment of housing sites for him and his wife allegedly violating rules.Yeddyurappa has already challenged the action recommended by Lokayukta against him in high court and prayed for deletion of Chapter 22 of the report which indicted him.Yeddyurappa has maintained in his petition that the Lokayukta was beyond its jurisdiction to recommend action against him as it was his government that sought the probe by making a reference.Kumar said under Article 164 of the Constitution, the Governor appoints the Chief Minister and on the advice of the chief minister other ministers are appointed.He said Yeddyurappa resigned as Chief Minister on July 31.After the resignation of the Yeddyurappa government all the ministers in his cabinet ceased to be ministers and some of the ministers named in the report are no longer ministers.Article 191 enumerates eligibility for those who can become members of the assembly or council and their disqualification, he said."When Lokayukta recommends for removal of public servants, does it include MLAs or members of the Legislative Council? According to service rules, notices have to be served. Does the minister come under public servant category under Section 13 of the Lokayukta Act, we are seeking opinion", Kumar said."Does the power of recommendation in relation to removal of public servant include the power to recommend removal of members of council of ministers.This query has been necessitated becasue a civil servant can be removed or reinducted based on rules and regulations governing his service condition", he said.Kumar said if the power is used against MLAs and MLCs, it has to be decided within the purview of the constitution in regard to Article 191."Provisions of the Lokayukta should be in consonance with the provisions of the constitution", he asserted.The then Lokayukta Santosh Hegde submitted his final report on illegal mining to the Government on July 27.The BJP high command directed Yeddyurappa to quit in the wake of his indictment in the report and after initial defiance, he put in his papers on July 31.Sadananda Gowda, who succeeded Yeddyurappa, kept Reddy brothers and Sreeramulu out of his ministry but also recommended that they should not be inducted into the ministry.Agitated over denial of ministerial berth, Sreeramulu quit his assembly membership.About 700 Officials of the departments of Mining, Forest, Revenue, Commercial Tax and Transport, named in the report, have been served notices seeking explanation.The Additional Chief Secretary led committee will be indicating the nature of action to be initiated against officials found guilty in its final report to be submitted by next week, according to official sources.With the official committee dealing with the Government officials indicted in the report, the Cabinet took the decision to seek "clarifications" from Lokayukta in respect of non-officials-- political leaders-- to meet the three-month deadline of initiating action on the report, which is mandatory under the Lokayukta Act.
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