HC sets aside KAT order in FSL official case, reinstates her

The Karnataka High Court today set aside the order of the state government discharging Dr Malini from the post of Assistant Director of Forensic Science Laboratory (FSL) here and directed her reinstatement.
The court also came down heavily on the Karnataka Administrative Tribunal for not following the settled service jurisprudence while dismissing Malini's application challenging the government's August 28, 2009 order discharging her on the ground that she had tampered with her date of birth in her SSLC marks card.
A division bench headed by Justice N Kumar allowed the petition by Malini challenging the KAT order and directed the government to forthwith reinstate her with consequential benefits from the date of discharge.

The court observed that the KAT dismissing Malini's application without going into the merits of the case and upholding the order of discharge, "is wrong" because the foundation for discharge of Malini was on the basis of misconduct and not unsuitability.
Malini had challenged the KAT order on the grounds that the discharge was on the basis of "political interference and not on the basis of unsuitability".
An expert in narco analysis and brain mapping, Malini during her probation as the Assistant Director FSL had unearthed several crimes involving various accused including terror suspects.

The government issued an order discharging her from her service before she completed probation on the grounds that she had tampered with her date of birth in her SSLC marks card.

Malini, who was on probation since June 30, 2007, challenged the discharge order issued by the government before the KAT stating it would cast a stigma on her career, which was dismissed by the Tribunal in 2010.
She subsequently moved the High Court.