Court : Karnataka
..... this juncture, it is relevant to state that karnataka lokayukta act, 1984, preamble of which reads thus:- "whereas. ..... after going through the provisions of the karnataka lokayukta act, 1984, we find that the karnataka lokayukta act, 1984 was not enacted to try7 the offences under special ..... whether there is legal bar to continue investigation of complaint and consequent first information report, which are founded on the report submitted by lokayukta when the government has not taken any action in terms of section 12 of the karnataka lokayukta act, 1984 and there is bar to initiate a complaint under section 200 cr.p.c. ..... view of the definitions of "complaint", "grievance" and "allegation" as extracted supra, a reference under section 7(2-a) of the karnataka lokayukta act, 1984 cannot be considered as a complaint for investigation into a complaint involving any grievance or any allegation and the state government which has made the reference under section 7(2-a) of karnataka lokayukta act cannot be termed as a complain! ..... vtravihalli, neb range, was a matter of enquin' by the lokayukta of karnataka on the reference made by the government of karnataka under section 7 (2-a) of the karnataka lokayukta act, 1984 (lor short, 'the act'). ..... submission of learned counsel for petitioner that there cannot be initiation of complaint/prosecution unless competent authority takes action as recommended by the lokayukta in terms of section 12(3) of the karnataka lokayukta act, 1984 cannot be accepted. .....
Tag this Judgment!Court : Karnataka
..... the learned senior counsel for petitioner has submitted that in view of the provisions contained under sections 12 & 14 of the karnataka lokayukta act, 1984, there is legal bar to initiate complaint and investigation of first information report registered consequent to reference under section 156(3) ..... . preamble ol which reads thus:- "whereas, it is expedient to make provision for the appointment and functions of certain authorities tor making enquiries into administrative action relatable to matters specified in list ii or list iii of the seventh schedule to the constitution taken by or on behalf of the government of karnataka or certain public authorities ir the state of karnataka (including any omission or commission in connection with oi arising out of such action) in certain cases and for matters connected therewith or ancillary thereto ..... . preamble of which reads fhus:- "an act to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith" was brought into force with effect from ..... . prosecution for false complaint-(1) notwithstanding anything contained in this act, whoever makes any false and frivolous or section 20 of the karnataka lokayukta act, 1984, which provides for prosecution for false complaint, reads thus:-vexatious complaint under this act shall, on conviction be punished with imprisonment for a term which shall not be less than slx months but which may extend to three years and with fine which shall not be less .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2013(1)SCJ513; 2013(1)KLT51(SN); AIR2013SCW706; AIR2013SC726
..... for appointment as upa-lokayukta has primacy over the views of others involved in the consultation and ..... questions require consideration, including whether the upa-lokayukta is a quasi-judicial authority or is only (without meaning any disrespect) an investigator; who should initiate the process of appointment of an upa-lokayukta; what is meant by consultation in the context of section 3(2)(b) of the karnataka lokayukta act, 1984 (for short the act); whether consultation is at all mandatory under section 3(2)(b) of the act; how is the process of consultation required to be carried out; whether the view of the chief justice of the karnataka high court regarding the suitability of a person ..... the literal interpretation which clearly expresses the intention of the legislature which i have already indicated, supports the objects and reasons, the preamble, as well as various other related provisions of the act.61. .....
Tag this Judgment!Court : Supreme Court of India
..... for appointment as upa-lokayukta has primacy over the views of others involved in the consultation and ..... questions require consideration, including whether the upa-lokayukta is a quasi-judicial authority or is only (without meaning any disrespect) an investigator; who should initiate the process of appointment of an upa-lokayukta; what is meant by consultation in the context of section 3(2)(b) of the karnataka lokayukta act, 1984 (for short the act); whether consultation is at all mandatory under section 3(2)(b) of the act; how is the process of consultation required to be carried out; whether the view of the chief justice of the karnataka high court regarding the suitability of a person ..... the literal interpretation which clearly expresses the intention of the legislature which i have already indicated, supports the objects and reasons, the preamble, as well as various other related provisions of the act.61. .....
Tag this Judgment!Court : Karnataka
Reported in : 2002CriLJ4785
..... i need not spend much time on this because annexure-j itself makes specific reference to section 7(2a) of the act, extract the relevant portion which reads as under :.in the background of the aforesaid circumstances stated in the preamble, government has approved, as required under section 7{2a) of the karnataka lokayuktha act, 1984 to conduct an enquiry against sri m. ..... following this letter, the government after examining the proposal of the karnataka lokayukta passed the government order dated 3rd july, 2001 by making over the conduct of the enquiry under rule 11 of the k.c.s. ..... section 7(2) treads :notwithstanding anything contained in sub-sections (1) and (2), the lokayukta or an upalokayukta may investigate any action taken by or with the general or specific approval of a public servant, if it is referred to him by the state ..... it reads :where the lokayukta or an upalokayukta proposes, after making such preliminary inquiry as he deemed fit, to conduct any investigation under this act, he-(a) shall forward a copy of the complaint to the public servant and the competent authority concerned;(b) shall afford to such public servant an opportunity to offer his comments on such complaint:(c) may make such order as to the ..... we can safely conclude that the investigation done by the lokayukta in the present case is not one done in pursuance of a complaint made to it under section 9 of the act and that it is one made in pursuance of the reference made under section 7(2a) of the act. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... - in this rule, the expressions 'lokayukta' and 'upalokayukta' shall respectively have the meaning assigned to them in the karnataka lokayukta act, 1984, and the expression 'karnataka lokayukta police' means the police wing established under section 15 of the karnataka lokayukta act, 1984 and includes, so far as may be, the corresponding establishment under the karnataka state vigilance commission rules, 1980, and the expression inspector general of police shall be construed accordingly.27 ..... sd/- 03.12.16 dre-348) xxxx49) dre 3 the acknowledgement for having received the report under sec.12(3) of the karnataka lokayukta act, 1984 along with required records by the office of secretary to gvoernment, rdpr & secretary to government, water resource department are submitted for your honour s kind ..... the competent authorities have not issued compliance as required under sec.12(4) of the karnataka lokayukta act, 1984.50) hence, my lord, if approved, government order from the competent authorities may be ..... but the only contention raised by the learned counsel appearing for the petitioner is that in the preamble of the order the state government has referred to the contents of the recommendation of the lokayukta and therefore it may be considered as deemed consideration by the state government and resultantly compliance to section 12(4) of the act.6. ..... in the preamble to the government order dated 12.11.2013, paras 1 and 2 relate to the substance of the recommendation made by the upalokayukta .....
Tag this Judgment!Court : Karnataka
..... , it is evident that the tribunal has rightly held that the respondent no.3 was not justified in receiving the complaint of one deepak looking into section 9(5)(c) of karnataka lokayukta act, 1984 and respondent no.3 ought to have suggested the complainant that when more appropriate and efficacious remedies are available under the kmc act and as he has already filed the complaint before the commissioner of bbmp on 03.11.2014 itself, he could have been advised to proceed with his complaint ..... it appears that the tribunal has exercised the power of allegiance breach and non-compliance to the provisions of section 12(4) of the karnataka lokayukta act, 1984. ..... but the only contention raised by the learned counsel appearing for the petitioner is that in the preamble of the order the state government has referred to the contents of the recommendation of the lokayukta and therefore it may be considered as deemed consideration by the state government and resultantly compliance to section 12(4) of the act.6. ..... in the preamble to the government order dated 12.11.2013, paras 1 and 2 relate to the substance of the recommendation made by the upalokayukta. .....
Tag this Judgment!Court : Chennai
..... the fact that the government of karnataka had appointed hon ble mr.justice n.santhosh hegde, lokayukta, to investigate into the illegal mining under the karnataka lokayukta act as early as 12.03.2007 and 09.09.2007 cannot be disputed ..... 2010 in view of the reasons explained in the preamble, as guidelines are being formulated to initiate necessary action effectively with a view to curb unauthorised/illegal transportation / export of minerals from the state and with a view to strict implementation of the government rules and in the interest of public, in exercise of the powers conferred indian ports act, 1908 and karnataka ports (landing and shipping fees) act, 1961 (karnataka act 20 of 1961), the government hereby prohibits exporting iron ..... 162 mmm 2010, bangalore dtaed 28.07.2010 in view of the factors explained in the preamble, the government hereby prohibits issuance of mineral dispatch permit for transportation iron ore for the purpose of exporting the same from the state with immediate effect and ..... 162 mmm 2010, bangalore dtaed 28.07.2010 in view of the factors explained in the preamble, the government hereby prohibits issuance of mineral dispatch permit for transportation iron ore for the purpose of exporting the same from the state with immediate effect and ..... the preamble to the said government order stated that on 20.03.2010 the forest department seized approximately 8,05,991 mts of illegal stock of iron ores from belikeri port and approximately 1,15,399 mts of illegal stock .....
Tag this Judgment!Court : Supreme Court of India
..... . before us, however, when arguments were raised at the bar, some of the counsels did admit that erp was not the core issue in the matter, but the petitioners before the karnataka high court had no choice as they were, inter alia, attacking the government order dated 5 february 2022, which clearly stated that prohibiting hijab in schools will not be violative of article 25 of ..... refer 1) karnataka education act 19832) government circular:509 shh2013 date:31- 01-2014 preamble:- 13 as mentioned in the above at reference no.1, the karnataka education act 1983 passed by the government of karnataka (1-1995 ..... ! we have been informed at the bar by many of the senior counsels appearing for the petitioners, that the unfortunate fallout of the enforcement of hijab ban in schools in karnataka has been that some of the girl students have not been able to appear in their board examinations, and many others were forced to seek transfer to other schools, most likely ..... . this is what the court had to say: therefore, whenever the fundamental right to freedom of 6 1986 3 scc615 para 19 17 conscience and to profess, practice and propagate religion is invoked, the act complained of as offending the fundamental right must be examined to discover whether such act is to protect public order, morality and health, whether it is to give effect to the other provisions of part iii of the constitution or whether it is authorized by a law made to regulate or restrict any economic, ..... . karnataka lokayukta [( .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... reads as under; 1 3 "exclusion of jurisdiction of courts except for the supreme court under article 136 of the constitution on and from the date from which any jurisdiction, powers, and authority becomes exercisable under this act by a tribunal in relation to recruitment and matters concerning recruitment and matters concerning recruitment to any service or post or service matters concerning members of any service or persons appointed to any service or post, (a) the supreme court ..... karnataka lokayukta has followed the ratio laid down by the hon ble apex court in ..... considering the object which is explicit in the preamble and the jurisdiction conferred under section 15 r/w section 28 of the act, there is no room for any doubt that the administrative tribunal, has the jurisdiction to consider all matters concerning the recruitment and the matters concerning recruitment which in its ambit ..... relating to the jurisdiction of the court to entertain the writ petition on the premise that the remedy is said to be available under the act, the reference has to be made to the preamble of the act and the provisions of the act. ..... the preamble to the act, 1985 reads as under:- "an act to provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the union or ..... preamble referred to above, is explicitly clear as to the object of the act .....
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