The Karnataka Lokayukta vs Smt Gayathri
2024 Latest Caselaw 19451 Kant

Karnataka High Court

The Karnataka Lokayukta vs Smt Gayathri on 2 August, 2024

                                              -1-
                                                      NC: 2024:KHC:30726-DB
                                                      WP No. 12670 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 2ND DAY OF AUGUST, 2024

                                           PRESENT
                          THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
                                              AND
                            THE HON'BLE MR. JUSTICE G BASAVARAJA
                          WRIT PETITION NO. 12670 OF 2023 (S-KSAT)
                   BETWEEN:

                   THE KARNATAKA LOKAYUKTA
                   M.S. BUILDING
                   DR. B.R. AMBEDKAR VEEDHI
                   BENGALURU-560 001
                   REP BY ITS REGISTRAR
                                                                ...PETITIONER
                   (BY SRI. MALLIKARJUN REDDY K.S., ADVOCATE)

                   AND:

                   1.    SMT. GAYATHRI
                         W/O LATE DURGAPPA TULAJAPPA RATHOD
                         AGED ABOUT 48 YEARS
                         R/AT. NO.1307/49, "B" JAYANAGAR
Digitally signed         NITTUVALLI NEAR SHAKTHI NAGAR CROSS
by
CHANNEGOWDA              DAVANAGERE, SOUTHERN EXTENSION
PREMA
Location: High           DAVANAGERE-577 004
Court of
Karnataka
                   2.    SHRI. YASHWANTH D. RATHOD
                         S/O LATE DURGAPPA TULAJAPPA RATHOD
                         AGED ABOUT 20 YEARS
                         R/AT. NO.1307/49, "B" JAYANAGAR
                         NITTUVALLI NEAR SHAKTHI NAGAR CROSS
                         DAVANAGERE, SOUTHERN EXTENSION
                         DAVANAGERE-577 004

                   3.    THE STATE OF KARNATAKA
                         REP BY ITS PRINCIPAL SECRETARY
                         DEPARTMENT OF FOREST, ECOLOGY
                                -2-
                                         NC: 2024:KHC:30726-DB
                                         WP No. 12670 of 2023




    AND ENVIRONMENT
    VIDHANA SOUDHA
    BENGALURU-560 001
                                                ...RESPONDENTS

(BY SRI. NAVEEN CHANDRASHEKAR, AGA FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR
DIRECTION IN THE NATURE OF A WRIT THEREBY QUASHING
THE ORDER DATED 03.01.2023 PASSED BY THE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU IN
APPLICATION No.1713 AND 1714/2021, AS PER ANNEXURE-A
AND ETC.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:

CORAM:        HON'BLE MRS. JUSTICE ANU SIVARAMAN
              and
              HON'BLE MR. JUSTICE G BASAVARAJA

                       ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

We have heard the learned counsel appearing for the

petitioner.

2. It is submitted by the learned counsel for the

petitioner that the writ petition has been filed on a question of

law with regard to examination made by the Tribunal regarding

acceptance of the evidence led in the enquiry. However, we

NC: 2024:KHC:30726-DB

notice that the order of the Tribunal has admittedly been given

effect to by the Government by paying all the benefits due to

the family of the deceased Government employee. It is

submitted that the request made by the dependents of the

deceased employee for compassionate appointment is also

been considered.

3. In the above fact situation, we are of the opinion that

the writ petition filed by the Lokayukta raising a challenge

against the order of the Tribunal which already stands

implemented at the hands of the Government does not require

to be considered on merits. The writ petition fails on that count

and is accordingly, dismissed.

Sd/-

(ANU SIVARAMAN) JUDGE

Sd/-

(G BASAVARAJA) JUDGE

MH/-