Court : Karnataka
..... the show-cause notices both dated 24.05.2018 (annexure-t and t1) evidences the fact that the report under section 12 (3) of the karnataka lokayukta act, 1984, dated 19.02.2018 (annexure-a1) was forwarded to the 'competent authority' namely respondent no.2 by a letter of the registrar of respondent no.3 dated 28.02.2018 and pursuant to the same, explanation was called for from the petitioners as to why the 'competent ..... however it is required to be noticed that an interesting feature of this case is that after the respondent no.3 prepared a report under sub- section (3) of section 12 on the petitioners, it had not only sent a report to respondent no.1 but also to the 'competent authority' within the meaning of (clause (g)) of sub-section 4 of section 2 of the karnataka lokayukta act, 1984, namely respondent no.2.32. ..... respondent no.3 prepared report under section 12(3) of the karnataka lokayukta act, 1984 dated 19.02.2018 as per annexure-a1. ..... by a government order dated 27.01.2014 (annexure-l), the respondent no.1 entrusted the investigation of the matter to the respondent no.3 under section 7(2a) of the karnataka lokayukta act, 1984. ..... he further submitted that since the respondent no.3 has prepared and referred the report under section 12(3) of the karnataka lokayukta act, respondent no.2 would take appropriate steps in the matter and therefore challenge to such proceedings by the petitioners at this stage is premature and accordingly the petition is liable to be dismissed.12. .....
Tag this Judgment!Court : Karnataka
..... referred decisions, if entrustment order and the order of the tribunal is considered, 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 ..... 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. ..... inviting our attention to section 12(4) of the lokayukta act, it is contended by the learned counsel for the applicant that a reading of he impugned order dated 12.11.2013 prima facie indicates that there is non-compliance for section 12(4) of the karnataka act by the first respondent, for the reason that the first respondent has failed to examine the report forwarded under section 12(3) of the lokayukta act before ordering departmental enquiry in the ..... competent authority has blindly accepted the recommendation made in the report sent under section 12(3) of the lokayukta act and directed initiation of inquiry against the applicant. ..... the object of examination of the report sent under section 12(3) of the lokayukta act is to ensure that the public servant concerned is not subjected to any unwarranted disciplinary .....
Tag this Judgment!Court : Karnataka
..... office of the upalokayukta deferred the preparation and submission of report under section 12(3) of the karnataka lokayukta act, 1984 (hereinafter referred to as the act, 1984 for short) 6 without examining whether interim order dated 31.05.2011 would be a hurdle for preparation and submission of report under section 12(3) of act, 1984.5. ..... normally where the accused is acquitted honourably and completely exonerated of the charges it would not be expedient to continue a departmental inquiry on the very same charges or grounds or evidence, but the fact remains, however, that merely because the accused is acquitted, the power of the authority concerned to continue the departmental inquiry is not taken away nor is its direction in any way fettered ..... prima facie, perusal of government impugned orders dated 17.10.2016 and 14.09.2016, it is evident that there is non-compliance of section 12(4) of the act, 1984 read with rule 14-a(2)(iii) of rules, 1957. ..... a reading of sub-section (3) would make it clear that if lokayukta or upa-lokayukta is satisfied that allegation is substantiated either wholly or partly, he shall by report communicate his findings and recommendations along with the relevant documents and materials and other evidence to the competent authority. ..... firstly, the lokayukta or upa- lokayukta shall be satisfied that there are material documents and other evidence to substantiate the allegation and thereafter, give his findings and make recommendations to the competent authority .....
Tag this Judgment!Court : Karnataka
..... office of the upalokayukta deferred the preparation and submission of report under section 12(3) of the karnataka lokayukta act, 1984 (hereinafter referred to as the act, 1984 for short) 6 without examining whether interim order dated 31.05.2011 would be a hurdle for preparation and submission of report under section 12(3) of act, 1984.5. ..... normally where the accused is acquitted honourably and completely exonerated of the charges it would not be expedient to continue a departmental inquiry on the very same charges or grounds or evidence, but the fact remains, however, that merely because the accused is acquitted, the power of the authority concerned to continue the departmental inquiry is not taken away nor is its direction in any way fettered ..... prima facie, perusal of government impugned orders dated 17.10.2016 and 14.09.2016, it is evident that there is non-compliance of section 12(4) of the act, 1984 read with rule 14-a(2)(iii) of rules, 1957. ..... a reading of sub-section (3) would make it clear that if lokayukta or upa-lokayukta is satisfied that allegation is substantiated either wholly or partly, he shall by report communicate his findings and recommendations along with the relevant documents and materials and other evidence to the competent authority. ..... firstly, the lokayukta or upa- lokayukta shall be satisfied that there are material documents and other evidence to substantiate the allegation and thereafter, give his findings and make recommendations to the competent authority .....
Tag this Judgment!Court : Karnataka
..... of section 15(3) of the karnataka lokayukta act, 1984 (hereinafter referred to as the 'kl act', for ..... veracity of the petitioner's contention that the institution of lokayukta is an exclusive investigative agency set up under the kl act, it may be tested on the following:- (a) the doctrine of occupied filed with reference to article 254(2) of the constitution of india; (b) exclusion of application of the crpc as evident from sections 4(2) and 5 of the crpc. ..... had not gathered any material evidence or recorded statements of any witness, as regards any overt acts on the part of the petitioner and have falsely implicated the petitioner as an accused for offences punishable under sections 8,9 and 10 of the pc act and sections 119, 120(b) , 201, 202,217,385,419 read with sections 36 and 109 of the ..... procedure prescribed under the crpc as would be evident from the following: the lokayuktha act being a special statute passed by the state legislature exercising its power to deal with public servants who are alleged to have committed criminal offences, the state legislature has indicated its intention to occupy the field in the matter of investigation and the kl act which has received the president's assent, is ..... it is contended that from the sequence of events, it was evident that the petitioner had acted in the highest traditions of his office, in directing that the further investigation into the episode, which was made against the very personnel and office of the lokayuktha ought to be .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR3892; 2004(3)KarLJ505
..... 10620-260-10880-320-13440-380-14960 has conferred such power under clause (iv) of sub-section (1) of section 7 of the act on lokayukta, in order to appreciate this contention it is necessary to look into and the terms of the notification:notificationin exercise of the powers conferred by item (iv) of sub-section (1) of section 7 of the karnataka lokayukta act, 1984 (karnataka act 4 of 1985) and in consultation with the karnataka lokayukta and in sup recession of notification no. ..... and enforcing the attendance of any person and examining him on oath, requiring the discovery and production of any document, receiving evidence on affidavits, requisitioning any public record, or copy thereof from any court or office, issuing commissions for the examination of witnesses or documents and such other matters as may be prescribed, further, sub-section (3) of section 11 makes it very clear that the proceedings before the lokayukta or upalokayukta shall be deemed to be a judicial proceeding within the meaning ..... the preliminary investigation into the complaints was made by way of recording evidence and taking of documents and thereafter the lokayukta passed the order dated 7-12-2002 stating that in view of the complaints, the evidence recorded, it was necessary to obtain the comments from the petitioner and others on all the complaints and materials in which serious charges of corruption had been made, before proceeding further with the investigation. .....
Tag this Judgment!Court : Supreme Court of India
..... 23 april 2012, exercising powers under section 12(3) of the karnataka lokayukta act 1984 and rule 14-a of the karnataka civil services (classification, 1 control and appeal) rules 1957 , the upa lokayukta-1 recommended the initiation of disciplinary proceedings against ..... bijapur was on the same set of facts on which he was acquitted by the judgment dated 23 october 2013; (ii) the upa-lokayukta is not conferred with the power to recommend the quantum of punishment; (iii) the upa-lokayukta and disciplinary authority had ascribed undue weight to the evidence of the investigating officer and the shadow witness which resulted in a miscarriage of justice; and (iv) the disciplinary authority did not consider ..... court in the exercise of judicial review must restrict its review to determine whether: (i) the rules of natural justice have been complied with; (ii) the finding of misconduct is based on some evidence; (iii) the statutory rules governing the conduct of the disciplinary enquiry have been observed; and (iv) whether the findings of the disciplinary authority suffer from 11 perversity; and (vi) the penalty is ..... hand wash of the respondent turned pink, indicating that he touched the tainted currency, his explanation was that the money was a loan being returned; (iii) there is no corroborative evidence to prove the commission of the offence; and (iv) the exercise undertaken by the enquiry officer was based on the averments made in the complaint and the deposition of the shadow witness. .....
Tag this Judgment!Court : Karnataka
..... reading of section 12(3) and (4) of the karnataka lokayukta act, 1984 read with rule 14(a) of the keb employees (cdc and a) regulations, 1987 the power to disagree with the enquiry officers finding and to come to a different conclusion than the enquiry officer and to recommend for imposition of ..... section 12 of the karnataka lokayukta act, 1984 reads thus:- 12. ..... - i) a member of the board services group a, b, c or d in respect of an allegation of a serious nature; the vigilance commissioner/lokayukta/ upa lokayukta or any officer of the vigilance commission/lokayukta/upa lokayukta authorised by him in writing under sub-rule 2 of rule 5 of karnataka state vigilance commissions rules, 1980/rule 12 of the karnataka lokayukta / upa lokayukta act, 1984 is of the pinion that disciplinary proceedings shall be taken, he shall forward the record of investigation along with his recommendations to the board, and the board after examining such records ..... - (1) xxxxxx (2) xxxxxx (3) if, after investigation of any action involving an allegation has been made, the lokayukta or an upa-lokayukta is satisfied that such allegation is substantiated either wholly or partly, he shall by report in writing communicate his findings and recommendations along with the relevant documents, materials and other evidence to the competent authority. .....
Tag this Judgment!Court : Karnataka
..... respectively have 10 section 12 of the karnataka lokayukta act, 1984 reads thus:- 12. ..... - i) any officer of the serious nature; a member of the board services group a,b,c or d in respect of an allegation of a the vigilance commissioner/lokayukta/ upa lokayukta or vigilance commission/lokayukta/upa lokayukta authorised by him in writing under sub-rule 2 of rule 5 of karnataka state vigilance commission s rules, 1980/rule 12 of the karnataka lokayukta / upa lokayukta act, 1984 is of the opinion that disciplinary proceedings shall be taken, he shall forward the record of investigation along with his recommendations to the board, and the board after examining such records ..... reading of section 12(3) and (4) of the karnataka lokayukta act,1984 read with rule 14(a) of the keb employees (cdc & a) regulations, 1987 the power to disagree with the enquiry officer s finding and to come to a different conclusion than the enquiry officer and to recommend for imposition of particular ..... - (1) xxxxxx (2) xxxxxx (3) if, after investigation of any action involving an allegation has been made, the lokayukta or an upa-lokayukta is satisfied that such allegation is substantiated either wholly or partly, he shall by report in writing communicate and recommendations along with the relevant documents, materials and other evidence to the competent authority. .....
Tag this Judgment!Court : Karnataka
..... the learned counsel for the second respondent-karnataka lokayukta submitted that office of lokayukta has got powers to investigate the complaints and to take further action in accordance with the provisions of the karnataka lokayuktha act, 1984 read with section 124 of bwssb act, 1964. ..... in the present case, the action has been taken under the provisions of the karnataka lokayukta act, 1984. ..... cca rules are not applicable, the bwssb (board) has not adopted kcs(cc and a) rules, 1957 and the first respondent has not examined report of the upalokayukta submitted under 12(3) read with 12(4) of karnataka lokayukta act, 1984. 8. ..... the upalokayukta while forwarding report under section 12(3) of the karnataka lokayukta act sought for entrustment of disciplinary proceedings under rule 14-a of the cca rules ..... seeking such entrustment with reference to section 12(4) of the lokayukta act without examining what is the role of the government in respect of board employees like the ..... if, after investigation of any action (xxxx) involving an allegation has been made, the lokayukta or an upalokayukta is satisfied that such allegation (is substantiated) either wholly or partly, he shall by report in writing communicate his findings and recommendations along with the relevant documents, materials and other evidence to the competent authority. ..... in view of the notifications dated 12.10.1982 read with 1.3.2006, which are produced by the learned government pleader it is evident that cca rules are applicable. .....
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