Karnataka High Court reconstitutes KPSC probe SIT, appoints R Hitendra as chief

The court also appointed IPS officer Soumendu Mukherjee to the team, stressing the need for an independent investigation into the alleged KPSC fraud cases.

The Karnataka High Court Monday reconstituted the Special Investigation Team (SIT) probing two alleged recruitment scams in the Karnataka Public Service Commission (KPSC), appointing senior IPS officer R Hitendra as its head after the state government objected to the earlier appointment of DGP-rank officer Alok Kumar.

The court also appointed Additional Director General of Police Soumendu Mukherjee as the SIT's second senior officer. The two officers replace IPS officers Alok Kumar and Dr Divya Gopinath, while the remaining team members -- Anup Shetty, Kushal Chouksey and Kshama Mishra -- will continue.

"The object of constitution of the SIT is not merely to change the hands that hold the investigation but to ensure that the investigation itself is undertaken with renewed independence," Justice M Nagaprasanna said.

"It is equally imperative that the investigation is insulated from the shadow of its predecessor; therefore, none of the officers associated with the earlier investigations conducted by the CID shall be inducted into the SIT as its assisting team in any manner whatsoever," Justice Nagaprasanna said while allowing the SIT to select suitable officers.

The bench said ED and SIT investigations into the alleged KPSC scams must proceed in parallel and independently in their statutory spheres but with cooperation.

"The two investigations must complement the pursuit of truth and not become a competing exercise in the assertion of jurisdiction. ED shall also place before the HC progress of investigations in consonance with the directions contained in the order of September 21," the bench said.

"The reconstitution of the SIT must mark the commencement of an investigation which commands confidence and credibility and remains impervious to influences whether institutional or extraneous or otherwise".

What happened earlier

The reconstitution follows the Supreme Court's October 13 ruling on the Karnataka Government's challenge to the high court's September 21 order for a fresh investigation into the alleged KPSC recruitment scams.

The state government had questioned the high court's decision to appoint Alok Kumar, a DGP-rank officer, to head the SIT without consulting the state police chief and the government. It had also argued that the high court had found no fault with the ongoing CID investigation but had nevertheless ordered a fresh probe.

The Supreme Court upheld the constitution of the SIT but set aside the direction for a de novo investigation, ruling that the team should instead continue the investigation from the stage at which the previous agency left off.

"We deem it appropriate to dispose of this appeal by setting aside the direction for a de novo investigation.... and substitute it by directing that the SIT shall conduct further investigation from the stage at which the investigation was left by the previous investigating agency," the Supreme Court said in its October 13 order.

The court also left it open to the Karnataka High Court to appoint or replace the head or members of the SIT, directing that the state government be allowed to suggest alternative names.

The high court originally constituted an SIT for a fresh investigation into the two alleged cases of recruitment frauds being investigated by the Karnataka Police's Criminal Investigation Department (CID) after a students' association, a BJP MLA and aspirants who were not selected approached it seeking an investigation by the Central Bureau of Investigation (CBI).

What are the KPSC cases

One case concerns the recruitment of 400 veterinary officers to state services through the KPSC. As many as 29 of the 329 selected candidates allegedly paid bribes ranging from Rs 20 lakh to Rs 40 lakh to access the entrance examination questions and answers.

The second case concerns the alleged illegal selection of suspended KPSC chairman Shivashankrappa Sahukar's daughter for a government job.

The CID investigation into the veterinary officers' recruitment case also led to the arrest of former KPSC controller of examinations Gyanendra Kumar Gangwar, an IAS officer, and middleman Basavaraj Kannale.

They were accused of leaking examination questions and answers to 11 aspirants who finished among the top 15 ranks in examinations held on January 8 and 9 in Bengaluru.

A separate money laundering investigation by the Enforcement Directorate (ED), based on the two CID cases, led to the arrest of Sahukar and KPSC member B V Geetha on October 6. The agency alleged that they leaked answer keys for the veterinary officers' examination to as many as nine candidates after receiving them from the examination controller.

ED alleged that Sahukar and Geetha collected Rs 30 lakh between them to leak answers to two candidates, one of whom secured the first rank and the other the third rank in the entrance examination.

The CID is due to file a chargesheet in the veterinary officers' recruitment case by November 26, at the end of 90 days from the first arrest, that of Gangwar.

The CID investigation has remained stalled since the High Court's September 21 order directing the constitution of the SIT and a fresh probe, amid uncertainty over the scope of the investigation and the leadership of the new team.