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Prof. S.N. Hegde Vs. the Lokayukta and ors.

Court : Karnataka

Reported in : ILR2004KAR3892; 2004(3)KarLJ505

..... in these writ petitions important questions of law as regards the power of the lokayukta and the upalokayukta to investigate complaints under the provisions of the karnataka lokayukta act, 1984, the procedure to be followed in such investigations, the effect of the report submitted by the lokayukta and the consequences that flow from the declarations made under the act arise for consideration, in addition to the question whether the lokayukta or upalokayukta has jurisdiction to investigate a complaint against a vice-chancellor of a university.2. ..... 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. ..... --'we have not the slightest hesitation in holding that the proceedings under section 9 of the karnataka lokayukta act, 1984 are quasi-judicial in nature. ..... --(i) the lokayukta has no jurisdiction to investigate into any alleged action of the vice-chancellor, under section 12 of the karnataka lokayukta act, 1984 (hereinafter for short referred to as 'the act'). .....

Mohammed Saleem Vs. State of Karnataka by Lokayukta Police and anr.

Court : Karnataka

Reported in : 2005CriLJ381; ILR2004KAR5143; 2005(1)KarLJ110

..... the karnataka lokayukta act, 1984, being a special enactment has got a over-riding effect and has empowered the lokayukta and upalokayukta to take action against the public servants for the acts like corruption inaction, omission or commission in connection with discharge of their duties and such other acts and under such circumstances when said complaint is being made to the lokayukta or upalokayukta as per section 9 of the lokayukta act has noted above ..... counsel for the petitioner contends that for any prosecution to be launched under the provisions of the prevention of corruption act, sanction of the government under section 19 of the prevention of corruption act is mandatory and that the provisions of the prevention of corruption act are quite different from the provisions of the karnataka lokayukta act, 1984, not only in the matter of investigation but also on other aspects. ..... further contends that once a judicial order is passed for accepting 'b' final report and holding that there is no sanction granted by the government as required under section 19 of the prevention of corruption act, it is hot open for the lokayukta police to circumvent the law by obtaining an order under section 14 of the lokayukta act, 1984 from upalokayukta and to file charge sheet. ..... extra material produced was that the order of the hon'ble upalokayukta dated 15.10.2001 under section 14 of the karnataka lokayukta act, 1984, according sanction to prosecute the petitioner for the above said offences.4. .....

Sri M.A. Parthasarathy S/O Late M.A. Srinivasan Vs. the Spl. Deputy Co ...

Court : Karnataka

Reported in : 2009(5)KarLJ203

..... muniraju as they are not public servants within the meaning1 of section 2(12) of the karnataka lokayukta act, 1984 and the complaint was filed with a request to take action against the respondents in the said complaint, who are public servants/for their-in-action ..... into the aforesaid matters the karnataka lokayukta act, 1984 came to be enacted by the state legislature (for short hereinafter referred to as 'the act'). ..... ](3) where two or more upa-lokayuktaa are appointed under this act, the [lokayukta] may, by general ox special order, assign to each of them matters which may be investigated by them under this act:provided that no investigation made by an upa-lokayukta under this act, and no action taken ox things done by him in respect of such investigation shall be open to question on the ground only that such investigation relates to a matter which is not assigned ..... the object behind this legislation and the clear definitions contained in the act regarding action, allegation, grievance, maladminstration and the persons against whom the lokayukta and upalokayukta has jurisdiction, the jurisdiction of both of them is clearly ..... after holding that no case for proceedings under the act against the public servant is made out, in the last paragraph at 16, this is what the lokayukta has held as under:however, the copies of this report along with entire documentary evidence and oral evidence pertaining to the above compliant shall be sent to the chief secretary to government of karnataka, .....

B.M. Muniappa Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2010(2)KarLJ54,ILR2010KAR3827

..... in law, in view of sub-section (2-a) of section 7 of the karnataka lokayukta act, 1984, which requires that a reference is to be made by the state government in the lokayukta conducting an investigation against a public servant and whether a demi-official letter issued by the principal secretary, urban development department, can be construed as a reference made by the state government to the lokayukta.the question is no longer res integra stands answered by the decisions cited by the ..... action being taken by the state government in calling upon the lokayukta to investigate into the alleged actions of the petitioner in the instant case on hand.article 166 of the constitution of india read with rules 18 and 19 of the karnataka government (transaction of business) rules, 1977 would indicate that an order of reference required under section 7(2-a) of the lokayukta act, 1984 could not be made in the form and in terms of annexure ..... the lokayukta was however addressed to take up investigation under the karnataka lokayukta act, 1984 and ..... reference made and it was reiterated on behalf of the government that a reference was made to the lokayukta, a copy of that letter is produced as annexure-r1 to the statement of objections.as regards the contention that the petitioner was not afforded the services of a legal counsel is concerned, it is contended that the lokayukta act does not prescribe any such requirement where a public servant being investigated being permitted to engage the services .....

A.K. Subbaiah Vs. Lokayuktha for Karnataka

Court : Karnataka

Reported in : ILR1995KAR620; 1995(3)KarLJ20

..... thereof seeks for quashing of the said two orders and for a mandamus to consider the material placed before him and to conduct an investigation into the allegations levelled against respondents 2 to 5 under section 9{3) of the karnataka lokayukta act, 1984 (hereinafter, for short, referred to as the 'act'). ..... but, considering the nature of the complaint made and the specific allegation in respect of which grievance was made before the lokayukta, no fault could be found with the lokayukta that the complaint against respondents 2, 3 and 4 was one of cheating, while complaint against respondent-4 was one of not taking action as per law. ..... a reading of the order made by the lokayukta would make it clear that it is only under section 9(5) (b) of the act it has refused to investigate the complaint made to it. ..... moreover, in the proceedings arising under the act, there is no lis as such between the complainant and the respondents wherein adjudication is made by the lokayukta. ..... so far as the lokayukta is concerned, the object of investigation is to enquire into the conduct of public servants in relation to an allegation or grievance as defined under the act. ..... the procedure in regard to complaints filed before the lokayukta and the investigation into the same are dealt with under section 9 of the act. ..... on this complaint, the lokayukta conducted a preliminary enquiry as contemplated under section 9 of the act. .....

N. Gundappa Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1990KAR223; 1989(3)KarLJ425

..... basavarajappa, who is stated to be a relation of the petitioner on the ground that a report is made by the upa lokayukta that the petitioner is possessed of assets and liabilities disproportionate to his known source of income, it is relevant to notice that in respect of the officers of the corporation of the city of bangalore, the state government becomes a competent authority if a proceeding is initiated under the karnataka lokayukta act, 1984 (hereinafter referred to as the 'act') and a report is submitted to the government is respect of the officers of the corporation. ..... .2) every complaint shall be made in the form of a statement supported by an affidavit and in such form and in such manner as may be prescribed.3) 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 forward to such public servant an opportunity to offer his comments on such complaint;c) may make such ..... without that complaint, and in the absence of any reference made co him under sub-section (2a) of section 7 of the act, the lokayukta or the upalokayukta, as the case may be, could not have investigated into the matter. .....

Dr. K. Chowdappa Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1990KAR798; 1989(3)KarLJ512

..... the contention urged on behalf of the petitioners is that the state government becomes a competent authority under the provisions of the karnataka lokayukta act, 1984 (hereinafter referred to as the 'act') in respect of the officials of the corporation if the case is initiated only on the report made by the lokayukta or upalokayukta as the case may be under the provisions of the act. ..... it is further submitted that in case both these provisions are read apart, no one will file a complaint before the lokayukta or upalokayukta and everyone will file a complaint before the state government and it will be referred to the lokayukta or upalokayukta; that consequently, the very purpose and object of section 9 of the act and the protection assured to a public servant to save him from frivolous and vexatious complaints is rendered illusory. ..... in fact, the grounds on which the lokayukta or an upalokayukta can refuse to investigate or cease to investigate any complaint as enumerated in sub-section (5) of section 9 of the act, will have to be applied and the state government has to satisfy itself that the case does not fall under sub-section (5) of section 9 of the act before referring it to the lokayukta or an upafokayukta as the case may ..... in the instant case, the report is made by the upalokayukta under the provisions of the act, it is submitted that sub-section (3) of section 9 of the act ought to have been complied with by the upa lokayukta before making a report against the petitioners.4. .....

Sri Pandurang Alias Sathyabodh S/O Bhimarao Laxmeshwar Vs. the State o ...

Court : Karnataka

Reported in : 2008CriLJ2507; 2008(5)KarLJ34; 2008(2)KCCR965; 2008(3)AIRKarR266; 2008CriLJ2507; 2008(3)AICLR745

..... made is that the procedure contemplated under section 9 of the lokayukta act has not been followed and therefore even for this reason the case cannot he proceeded with against the petitioner for violating the provisions of section 9 of the karnataka lokayukta act, 1984 (the lokayukta act' in short). ..... as car as noncompliance of the provision of section 9 of the lokayukta act is concerned, submission made is that the police wing of the lokayukta acts independently of the lokayukta or upalokayukta and in respect of the oases hailing tinder the provision of the pc act, the investigation is done by the polios wing, which has got independent powers to investigate and file the charge sheet and therefore there is no merit in the submission made by the learned, ..... the facts in brief for the purpose of the present order are in effect that the respondent - the police wing of the karnataka lokayukta police station, dharwad submitted a charge sheet against the petitioner for the offence punishable under section 13(1)(e) read with 13(2) of the pc act on the ground that the petitioner who was working as a junior engineer at hubli-dharwad municipal corporation, possessed assets disproportionate to his income, in as much as it ..... it could be seen from the material placed that the investigation was conducted by the polio inspector, karnataka lokayukta, dharwad and not by the deputy superintendent of police or police officer of equal rank as contemplated in clause (c) of section 17 of the pc act. .....

State of Karnataka Vs. N. Gundappa

Court : Karnataka

Reported in : ILR1990KAR4188

mohan, c.j.1. we have not the slightest hesitation in holding that the proceedings under section 9 of the karnataka lokayukta act, 1984 are quasi judicial in nature. our reasons are as under:firstly there is a complaint. secondly there is a preliminary enquiry to conduct investigation. thirdly a copy of the complaint is forwarded to the public servant and the competent authority concerned. fourthly the public servant is afforded an opportunity to offer his comments on such complaint. thereafter should the lokayukta submit a report as to what consequences follow are delineated under section 13 of the act. having regard to the serious consequences contemplated thereunder, the conclusion is inescapable that it is quasi judicial in nature. not only that, section 14 of the act also contemplates initiation of prosecution.2. accordingly, we agree with the learned single judge and dismiss this writ appeal.

Sri H. D. Kumarswamy Former Chief Minister of Son of Sri H.D. Devegowd ...

Court : Karnataka

..... 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 ..... 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. ..... 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! ..... it is relevant to state that karnataka lokayukta act, 1984, preamble of which reads thus:- "whereas ..... 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. ..... " under section 2(2) oi the karnataka lokayukta act, 1984, the word "allegation" has been defined as hereunder: - "(2) "allegation" in relation to a public servant includes any affiimation that such public servant- (a) has abused his position as such public servant to obtain any gain or favour .....