Karnataka High Court
Karnataka Lokayukta vs Sri R C Kemparaju on 24 October, 2024
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
NC: 2024:KHC:42941-DB
WP No. 178 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
WRIT PETITION NO. 178 OF 2022 (S-KSAT)
BETWEEN:
KARNATAKA LOKAYUKTA
REP. BY ITS REGISTRAR
M.S. BUILDING
DR. AMBEDKAR VEEDI
BENGALURU - 560001
...PETITIONER
(BY SRI. K PRASANNA SHETTY, ADV.)
AND:
1. SRI R C KEMPARAJU
S/O LATE CHIKKANNA
AGED ABOUT 56 YEARS
Digitally signed ASST. EXECUTIVE ENGINEER (IN-CHARGE)
by KAVERI NEERAVRI NIGAM LTD.
MARIGANGAIAH SANTEMARANAHALLI
PREMAKUMARI
CHAMARAJANAGAR TALUK AND DIST.
Location: HIGH
COURT OF R/AT NO.330,
KARNATAKA DR. AMBEDKAR FIRST STREET
RAMASAMUDRA
CHAMARAJANAGAR DIST. - 571342.
2. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
PUBLIC WORKS, PORTS AND INLAND
WATER TRANSPORT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560001.
-2-
NC: 2024:KHC:42941-DB
WP No. 178 of 2022
3. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
WATER RESOURCES (SERVICE-A) AND
DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560001.
...RESPONDENTS
(BY SRI. RAGHAVENDRA G GAYATRI, ADV. FOR R1
SMT. NAMITHA MAHESH B.G., AGA FOR R2 & R3)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN
ORDER OR DIRECTION OR A WRIT IN THE NATURE OF
CERTIORARI QUASHING /SET ASIDE THE ORDER DATED
26.03.2021 PASSED IN APPLICATION NO 6198/2019 PASSED
BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL BENGALURU
(ANNEXURE-B) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
AND
HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
ORAL ORDER
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
Heard Sri.K.Prasanna Shetty, learned counsel for the
petitioner; Sri.Raghavendra G Gayathri, learned counsel
for respondent No.1 and Sri.Shivareddy, learned Additional
Government Advocate for respondents No.2 and 3 and
perused the writ petition papers.
NC: 2024:KHC:42941-DB
2. The petitioner-Karnataka Lokayukta is before this
Court, aggrieved by the order dated 26.03.2021 in
Application No.6198/2019 passed by the Karnataka State
Administrative Tribunal, Bengaluru (for short "Tribunal"),
whereby the Tribunal allowed the application of
respondent No.1 challenging the order of entrustment of
enquiry against respondent No.1 under Government Order
dated 02.08.2019 passed under Rule 14-A of Karnataka
Civil Services (Classification, Control and Appeals) Rules
1957 (for short "CCA Rules").
3. It is seen that the Tribunal proceeded to quash the
order of entrustment of enquiry dated 02.08.2019 only on
the ground of non-application of mind by respondents
No.2 and 3.
4. A co-ordinate Bench of this Court in
W.P.No.9065/2022 (THE KARNATAKA LOKAYUKTHA
v/s SRI K.M.MARISWAMY AND OTHERS) disposed of
on 26.09.2024 has come to the conclusion that where the
Tribunal has set aside the order of entrustment of enquiry
NC: 2024:KHC:42941-DB
on the ground that there is non-application of mind on the
part of the State Government, the Lokayukta has no
jurisdiction to challenge such order, since it is for the State
Government to demonstrate application of mind, while
passing the order of entrustment of enquiry.
5. Following the said judgment, this writ petition also
stands rejected.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(RAMACHANDRA D. HUDDAR)
JUDGE
MPK
CT:bms
