Retired judges and legal professionals eligible as investigating officers in state road transport corporations

Bengaluru - In a significant legal development, the high court has granted state road transport corporations the authority to enlist retired civil and district judges, as well as former public prosecutors, as investigating officers. The ruling comes as a result of a petition brought before a single-judge bench presided over by Justice Suraj Govindaraj. The petition, filed by the North East Karnataka Road Transport Corporation (NEKRTC) staff, sought validation for the corporation's actions in this regard. The bench not only upheld NEKRTC's stance but also dismissed the petition, effectively permitting the inclusion of these esteemed professionals in the investigatory process.

The decision builds upon Rule 23 of the Karnataka state road transport corporations staff (Conduct and Discipline) Rules, 1971. within this rule, the term "authority" is employed, signifying an individual empowered to make appointments. However, the term does not explicitly restrict the appointment of investigating authorities solely to RTC officers. This ambiguity, the bench noted, empowers the disciplinary authority with discretionary capabilities to appoint investigators for cases involving disciplinary infractions.

Justice Suraj Govindaraj emphasized that the language used in the rule book does not definitively confine the role of the investigating authority to any specific personnel, despite the presence of a definition for the term "authority." Consequently, the court ruled that the appointing entity possesses the prerogative to select an inquiry officer based on their judgment of appropriateness.

In a significant aspect of the ruling, the court upheld NEKRTC's assertion that the existing rules permit the engagement of retired judges and legal professionals as hearing officers. This recognition bolsters the argument that such experienced individuals are not only eligible but can also contribute significantly to the fairness and impartiality of the investigatory process.

The case originated from allegations made against several petitioners, with Girish among them. The Karnataka State Road Transport Corporation (KSRTC) had taken the innovative step of engaging retired civil and district judges, along with former public prosecutors, to oversee a disciplinary inquiry into the allegations. This decision was met with legal challenge as the petitioners approached the High Court, raising concerns over the legitimacy of such appointments. However, with the recent dismissal of the petition, the Court's ruling underscores the authority of state road transport corporations to involve retired judges and legal professionals in investigative roles.

As this ruling sets a precedent, no corporation under KSRTC's jurisdiction has yet appointed a retired judge to a disciplinary authority role. This decision paves the way for a potential shift in the investigative landscape within state road transport corporations, ensuring a diverse and experienced perspective in maintaining discipline and upholding ethical standards.