Criminal Law - The writ petition challenging the recommendation of the Lokayukta's inquiry was dismissed as premature since no punishment had been imposed yet on the petitioner as of the date of the judgment.
Petition dismissed as premature; liberty reserved to approach court if punished based on the recommendation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 29TH DAY OF JANUARY, 2019
PRESENT
THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA
AND
THE HON’BLE MR. JUSTICE BELLUNKE A.S.
WRIT PETITION NO.104563/2019 (GM-KLA)
BETWEEN :
SHIVANAGOUDA,
S/O FAKIRAGOUDA SHAMBHANAGOUDAR, AGED ABOUT 55 YEARS, WORKING AS JUNIOR ENGINEER, KARNATAKA URBAN WATER SUPPLY & DRAINAGE BOARD, BELAGAVI.
... PETITIONER
(BY SRI SHRIHARSH A NEELOPANT, ADVOCATE)
AND :
2
BENGALURU.-560 001 REPRESENTED BY ITS REGISTRAR.
… RESPONDENTS
(BY SMT.VEENA HEGDE, AGA FOR R1.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RECOMMENDATION OF THE 3RD RESPONDENT BEARING NO.LOK/INQ/14-A/64/2013/ARE11 DATED 25.10.2018 (UNDER ANNEXURE-H TO THE WRIT PETITION) BY ISSUE OF WRIT IN THE NATURE OF CERTIORARI AND GRANT ALL CONSEQUENTIAL BENEFITS AND FURTHER SOUGHT FOR ISSUE SUCH OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE INTEREST OF JUSTICE AND EQUITY INCLUDING THE AWARD OF COSTS OF THIS WRIT PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
O R D E R
Heard learned counsel for the petitioner and learned Additional Government Advocate for respondent No.1 and perused the material on record.
3
date no punishment has been imposed on the petitioner.
Sd/JUDGE
Sd/JUDGE
EM/-
2 issues framed by the court
Whether the writ petition challenging the Lokayukta's preliminary recommendation of inquiry is maintainable at this stage.
Whether the writ petition challenging the Lokayukta's preliminary recommendation is premature, in the absence of imposition of punishment or final orders.
1 provisions across 1 enactments
Shivanagouda
State of Karnataka
Karnataka Urban Water Supply and Drainage Board
Karnataka Lokayukta
B.V. Nagarathna
Bellunke A.S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
