The Karnataka Lokayukta v. the State of Karnataka
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2022
PRESENT
THE HON'BLE MR. JUSTICE G.NARENDAR
AND
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO.7021/2022 (S-KSAT)
BETWEEN:
THE KARNATAKA LOKAYUKTA REPRESENTED BY ITS REGISTRAR DR.B.R. AMBEDKAR VEEDHI, BANGALORE 560 001 REPRESENTED BY ITS THE REGISTRAR.
... PETITIONER
(BY SRI VENKATESH S.ARABATTI, ADV.)
AND:
R/AT CTS NO. 4856/98 1ST MAIN, 2ND ‘A’ ROAD,
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SADASHIVANAGAR BELGAUM 590 019
... RESPONDENTS
(BY SRI B.RAJENDRAPRASAD, HCGP FOR R1.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 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 14/11/2018 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.5900/2017, AS PER ANNEXURE-A ETC.
THIS WRIT PETITION COMING ON FOR ‘ORDERS’ THIS DAY, G.NARENDAR J, MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner. In para five of its judgment/order the Tribunal has laid down the impugned grounds to allow the application and quash the proceedings of the government bearing No.Lo.E.238/Se.E.V/2017 dated 25.7.2017. Primarily, the tribunal has held that entrustment of the enquiry to the Lokayukta on 25.7.2017, after the applicant had retired is impermissible being contrary to law and secondly it has held that the allegations pertain to a period of four years prior to the date of allegation and hence the legal bar under Rule 214(2)(b)(ii) of the KCSR is attracted.
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Sd/JUDGE
Sd/JUDGE
ykl CT-HR
The Karnataka Lokayuka
The State of Karnataka
Sri Chandrakeerti S A
G. Narendar
M.G.S. Kamal
As recorded by the court registry
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