Dismissed

Karnataka Lokayukta v. Sri R C Kemparaju

Karnataka HC24 Oct 2024WP/178/2022

Case brief

AI extract

What is this about?

This court rejected a writ petition filed by the Karnataka Lokayukta challenging a Tribunal's order quashing an enquiry entrustment. Relying on a co-ordinate bench judgment, the court held the Lokayukta lacks jurisdiction as it is for the State Government to demonstrate application of mind to the matter.

What did the court decide?

Writ petition rejected and dismissed with no relief to the petitioner.

Karnataka Lokayukta Vs Sri R C Kemparaju — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:42941-DB WP No. 178 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF OCTOBER, 2024 PRESENT

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THE HON'BLE MR JUSTICE S.G.PANDIT

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AND

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THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 178 OF 2022 (S-KSAT)

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BETWEEN:

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KARNATAKA LOKAYUKTA REP. BY ITS REGISTRAR M.S. BUILDING DR. AMBEDKAR VEEDI BENGALURU - 560001 (BY SRI. K PRASANNA SHETTY, ADV.)

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…PETITIONER

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AND:

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Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA

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SRI R C KEMPARAJU S/O LATE CHIKKANNA AGED ABOUT 56 YEARS ASST. EXECUTIVE ENGINEER (IN-CHARGE) KAVERI NEERAVRI NIGAM LTD. SANTEMARANAHALLI CHAMARAJANAGAR TALUK AND DIST. R/AT NO.330, DR. AMBEDKAR FIRST STREET RAMASAMUDRA CHAMARAJANAGAR DIST. – 571342.

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT VIKASA SOUDHA BENGALURU – 560001.

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2 - NC: 2024:KHC:42941-DB WP No. 178 of 2022

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY WATER RESOURCES (SERVICE-A) AND DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU – 560001.

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…RESPONDENTS

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(BY SRI. RAGHAVENDRA G GAYATRI, ADV. FOR R1 SMT. NAMITHA MAHESH B.G., AGA FOR R2 & R3)

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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:

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CORAM: HON'BLE MR JUSTICE S.G.PANDIT AND

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HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE S.G.PANDIT)

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Heard Sri.K.Prasanna Shetty, learned counsel for the

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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.

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3 - NC: 2024:KHC:42941-DB WP No. 178 of 2022

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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”).

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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.

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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

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4 - NC: 2024:KHC:42941-DB WP No. 178 of 2022

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on the ground that there is non-application of mind on the

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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.

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Following the said judgment, this writ petition also

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stands rejected.

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Sd/(S.G.PANDIT) JUDGE

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Sd/(RAMACHANDRA D. HUDDAR) JUDGE

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MPK CT:bms List No.: 1 Sl No.: 33

Karnataka Lokayukta v. Sri R C Kemparaju

Case brief

What is this about?

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Karnataka Lokayukta v. Sri R C Kemparaju

Case brief

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