2010 Supreme(Kar) 1023
2011(3) KCCR 2399
High Court of Karnataka
THE HONOURABLE MR. JUSTICE MOHAN SHANTANAGOUDAR
K. Ningaraju & Others
Versus
The State of Karnataka Reptd. By Chief Secretary Govt. of Karnataka & Others
Writ Petition Nos.18063-18072 of 2010 (GM-RES) C/w. Writ Petition Nos.25363-369 of
2010 (GM-RES) & Writ Petition Nos.18132-140 of 2010 (GM-RES)
Decided on : 19-11-2010
For the Petitioners:Smt. H.C. Kavitha, H.C. Prakash, Advocates.
For the Respondents:K.M. Nataraj, Addl. Advocate General.
Headnote:CONSTITUTION OF INDIA - Articles 21 & 226: [Mohan Shantanagoudar,J] Interference with policy decision of State - Reward in favour of Special Task Force Personnel - State announced rewards including allotment of free sites to Special Task Force (STF) personnel for nabbing and killing forest terrorists - Non-availability of number of sites in Districts to which each personnel belonged - Government decided to compensate personnel by paying sital value fixed by BDA in order to safeguard interest of personnel - Held, Same cannot be interfered. However, assurance of Government was not fulfilled since five years. Government cannot take advantaged of its own inaction. Directions issued to State, that if sites are formed in future and made available to public, STF personnel will have to be preferred.
CONSTITUTION OF INDIA - Articles 21 & 226: [Mohan Shantanagoudar,J] Contract of reward - State Government announced rewards for special police personnel for nabbing and killing forest terrorists - Held, Reward is a sum of money or other compensation offered to the public in general or to a class of persons, for the performance of special service. It is common place for the police to offer a reward for information leading to arrest and conviction of an offender/offenders. In legal terms, the person promising a reward is offering to enter into a contract with the person who performs the requested action after knowing the offer. Therefore, legal concepts involving rewards are derived from the law of contract.
An actual valid offer must be made before the performance to create contract of reward. But, in instant case, no offer was made by the State Government to the STF personnel to pay/grant reward, prior to nabbing of terrorists and his gang. The rewards are announced only after terrorists were nabbed and killed. Thus, there was no offer by the State Government and consequently the work was not performed by STF personnel pursuant to any offer. Hence, in law, thee was no contract as such between the parties. However, Government Order announcing rewards as the State Government was happy with the performance of STF personnel. Hence, expectation of public in general and STF personnel, in particular, is in favour of fulfillment of Government’s assurance to reward the free sites as announced.
These writ petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 17.5.2010 as per Annexure-J issued by the 2nd Respondent.
Petitioners are policemen working in Karnataka State Reserve Police (KSRP). Their services were utilized by inducting them in the “Special Task Force” (STF) constituted for the specific and sole purpose of capturing the infamous forest Brigand Veerappan in M.M. Hills in Chamarajanagara-Kollegala areas of the State of Karnataka. Petitioners were among 754 members of the STF, who were involved in the operation of capturing Veerappan as on 18.10.2004.
2. Veerappan and his gang were indulging in elephant poaching and smuggling of sandalwood on a large scale, since long time. The said gang started indulging in extortions, murders, kidnapping for ransom, etc. from 1983. Subsequently, i.e., somewhere in the year 1984, the said gang started attacking and killing forest and police officials, who tried to control their illegal and terrorist activities. The said gang killed about 2000 elephants, committed theft of 40,000/- kgs. Of tusks worth about Rs.12 crores and has denuded the sandalwood from the forest areas situated in the borders of Karnataka, Tamil Nadu and Kerala, worth more than Rs.100 crores. The operation to nab Veerappan and his gang members, lasted for 14 years in hilly terrain resulting in the death of 123 police officers apart from causing grievous injuries to 61 persons. The operation ultimately culminated in the capture and death of Veerappan on 18.10.2004. In the course of said service, the petitioners and the similarly situated STF personnel were exposed to dangers to their life and limb in the form of wild animals, extreme weather conditions in the forest areas and faced threat of attacks from forest brigand.
3. The Government of Karnataka announced on 8.7.2005, a ‘package’ reward of about Rs.50 crores in favour of STF personnel. The said reward was proposed to be distributed in three forms viz., (1) cash reward, (2) allotment of free house sites and (3) one increment in pay. The Government Order dated 8.7.2005 announcing the aforementioned package reward is produced at Annexure-A to the writ petitions. The third respondent herein sought for details of availability of the sites in the respective Districts. Certain of the District wise reports received by the third respondent regarding the availability and non-availability of the sites are produced at Annexure-C series. However, the respondents did not allot free sites in favour of STF personnel even after lapse of three years and consequently some of the STF personnel made representations to the Government of Karnataka, as per Annexure-D. Even then, no purpose is served. Hence, around 130 members of the STF personnel approached this Court by filing W.P.No.19957/2009, praying for direction to State Government for allotment of sites. The said writ petition was disposed of on 21.7.2009, directing the respondents to consider the representations within six months. Even after lapse of six months, the respondents did not consider the said representations relating to allotment of sites. Thus, two of the STF personnel, Mr. Venkappa Rai and Mr. Jagannathan N. filed contempt petition in CCC.No.365/2010. During the pendency of the said matter, the respondents complied with the directions by allotting them sites and consequently, contempt petition was closed vide order dated 24.5.2010. Similarly, Mr. Ningappa, Mr. Jayaswamy and Mr. Bhaskar Rai, the former STF members filed contempt petitions in CCC.Nos.507-508/2010. During the pendency of the said matter, the State Government complied with the direction by filing a memo before this Court that the petitioners therein will be allotted sites. Consequently, those three persons were also allotted sites and the contempt petitions were closed.
4. When the facts stood thus, the impugned order is passed as per Annexure-J, dated 17.5.2010. The said ord