Disposed

Sri H N Sathyanarayana Rao I.P.S.(Retd) v. State of Karnataka

Karnataka HC23 Mar 2023WP/10244/2018

Case brief

AI extract

What is this about?

This writ petition challenging a government order granting sanction under the Prevention of Corruption Act was disposed of. The court held that as action against the petitioner was discontinued in favor of other officials, the cause of action does not survive, with liberty reserved to file a fresh petition if action is initiated later.

What did the court decide?

Disposed without adjudication on merits, reserving liberty to file fresh writ petition if action is initiated against petitioner.

Sri H N Sathyanarayana Rao I.P.S.(Retd) Vs State of Karnataka — Corruption | Karnataka HC (2023)

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1 - WP No. 10244 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 10244 OF 2018 (GM-RES)

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BETWEEN:

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SRI. H N SATHYANARAYANA RAO I.P.S.(RETD.), AGED ABOUT 60 YEARS, S/O SRI. H A NARAYANA RAO, NO.17, SAI DHAMA, 3 D MAIN, 9TH CROSS, J.P NAGAR, FIRST PHASE, BANGALORE - 560 078.

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…PETITIONER

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(BY SRI. PUTTIGE R RAMESH, SENIOR COUNCIL ALONG WITH SRI. LAKSHMI S HOLLA, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R AMBEDKAR ROAD, BANGALORE - 560 001.

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Digitally signed by MOHANKUMAR M Location: High Court of Karnataka

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THE CHIEF MINISTER GOVT. OF KARNATAKA, NO.323, III FLOOR, VIDHANA SOUDHA, BANGALORE - 560 001.

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SRI. VINAYKUMAR, IAS(RETD), AGED ABOUT 70 YEARS,

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WP No. 10244 of 2018

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FATHER'S NAME NOT KNOWN TO THE PETITIONER, NO. 76, METROPOLITAN COLONY, 16TH MAIN, 5TH A CROSS, BTM LAYOUT II PHASE, BANGALORE - 560 076.

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ANTI CORRUPTION BUREAU, BY ITS ADDL DIRECTOR GENERAL POLICE, NO. 49, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560 001. (DELETED)

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THE REGISTRAR, OFFICE OF LOKAYUKTHA, M S BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001.

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…RESPONDENTS

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(BY SRI. V SHIVAREDDY, HCGP FOR R1; SRI. B B PATIL, ADVOCATE FOR R-5; VIDE ORDER DATED 05.03.2023, R-4 IS DELETED R-3 SERVED AND UNREPRESENTED)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DATED 26.2.2018 ISSUED BY THE R-1 AT ANNEX-D; DIRECT R-1 TO PUBLISH THE REPORT AS ACCEPTED IN THE GOVERNMENT ORDER DATED 26.2.2018 ISSUED BY THE R-1 AT ANNEX-C AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 10244 of 2018

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ORDER

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Challenging Government Order dated 26.02.2018 at Annexure-D, whereunder sanction was granted for taking action against petitioner under Section 13(1)(c) and read with Section 13(2) of Prevention of Corruption Act (for short, 'Act') and FIR in Crime No.7/2018 at Annexure-G1, registered against petitioner, this writ petition is filed.

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Sri Puttige R.Ramesh, learned Senior counsel appearing for Smt.Lakshmi S.Holla, learned counsel for petitioner submitted that in terms of report submitted by then Deputy Inspector General of Prisons, and Final report dated 21.10.2017 submitted by Enquiry Officer, Sri. Vinay Kumar, regarding irregularities committed while petitioner was working as Deputy General of Police and Inspector General of Prisons, State Government issued G.O.no.HD.62.PRE.2017,Bengaluru dated 26.02.2018 (Annexure-D). It was submitted that in pursuance of said order, Cr.no.7/2018 was registered by ACB, Bengaluru City P.S., Bengaluru on 03.03.2018.

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It was further submitted that as chargesheet was not being submitted, a Public Interest Litigation in

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WP No. 10244 of 2018

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W.P.no.5104/2021 (PIL) was filed seeking direction to respondents to file charge sheet. Said writ petition was disposed of on 11.06.2021, directing Anti Corruption Bureau to submit final report within 2 months.

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After issuance of said direction, respondent - Government therein issued G.O. on 30.12.2021 granting sanction for prosecuting two other officials by taking note of report of ACB that petitioner was prima facie innocent.

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It was submitted that taking note of G.O. dated 30.12.2021 and charge sheet filed on 07.01.2022, an order was passed by this Court in W.P.no.5104/2021 on 02.02.2022, stating that no further directions need to be issued.

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In view of above events, learned Senior Counsel submitted that name of petitioner is not included in charge sheet which is filed against two other officials, therefore petitioner's grievance against action initiated against him has been rendered infructuous and prayed for disposal of writ petition taking note of same. It was also submitted that exoneration of petitioner has not been challenged and in case

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WP No. 10244 of 2018

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of any such action against petitioner, liberty may be reserved to petitioner to file fresh writ petition.

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Learned counsel for respondents submits that appropriate orders may be passed taking note of subsequent events.

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In view of above submissions and fact that action proposed against petitioner has been discontinued and respondents have proceeded against two other officials, cause of action for petitioner at present does not survive for consideration.

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Therefore, writ petition is disposed of, reserving liberty to petitioner to file fresh petition, in case action is initiated against him by respondents in pursuance of Crime no.7/2018 by ACB, Bengaluru City Police Station, Bengaluru at Annexure-

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G1.

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Sd/JUDGE

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MKM CT: BHK

Sri H N Sathyanarayana Rao I.P.S.(Retd) v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri H N Sathyanarayana Rao I.P.S.(Retd) v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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