Court : Supreme Court of India
Reported in : 2013(1)SCJ513; 2013(1)KLT51(SN); AIR2013SCW706; AIR2013SC726
..... the suitability of a person for appointment as upa-lokayukta has primacy over the views of others involved in the consultation ..... several related 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 principal question for consideration is whether the appointment of justice chandrashekaraiah as an upa-lokayukta was in accordance with the provisions of section 3(2)(b) of the karnataka lokayukta act, 1984 which requires consultation, inter alia, with the chief justice of the karnataka high court. .....
Tag this Judgment!Court : Supreme Court of India
..... the later judgment has also considered similar such provisions contained in andhra pradesh lokayukta act, 1983, assam lokayukta and upalokayukta act 1985, bihar lokayukta act 1973, chhattisgarh lok aayog adhyadesh, 2002, delhi lokayukta and upa-lokayukta act 1995, gujarat lokayukta act 1986, jharkhand lokayukta act, 2001, haryana lokayukta act, 2002 and kerala lokayukta act, 1999 and held that each state has adopted different eligibility criteria, method of ..... this court considered the question about the primacy of the views expressed by the chief justice of the high court of karnataka in making appointment to the post of lokayukta and upa- lokayukta by the governor of karnataka in exercise of power conferred on him under section 3(2)(a) and (b) of the karnataka lokayukta act, 1984 (hereinafter called as karnataka act ). ..... appeal nos.197-199 of 2013 @ slp (c) nos.15658-15660 of 2012 which related to appointment of upa-lokayukta under section 3 of the karnataka lokayukta act, 1984. ..... as far as the gujarat lokayukta act is concerned, the proviso to section 3(1) of the gujarat lokayukta act is relevant which is to the following effect: 3(1) for the purpose of conducting investigations in accordance with provisions of this act, the governor shall, by warrant under his hand and seal, appoint a person to be known as the lokayukta.provided that the lokayukta shall be appointed after consultation with the chief justice of the high court and except where such appointment is to be made at a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998VAD(SC)300; AIR1998SC3047; 1998(2)ALD(Cri)435; 1998CriLJ4070; 1998(3)Crimes77(SC); JT1998(5)SC181; 1998(4)SCALE290; (1998)6SCC103; [1998]3SCR910; 1999(2)SLJ116(SC)
..... 1155 of 1993, only that part of the judgment is assailed, which deals with the interpretation of 'action' as defined in section 2(1) of the karnataka lokayukta act, 1984 (for short 'the k.l. ..... apropos to the preliminary inquiry the upalokayukta, by letter dated 18.5.93, called for comments of the respondent under section 9(3) of the lokayukta act. ..... section 7 deals with matters which may be investigated by the lokayukta or upalokayukta; section 8 enumerates matters which cannot be investigated under the act; sections 9 to 11 and rules 2 and 4 of the karnataka lokayukta rules, 1985 (for short 'the rules') prescribe procedure relating to complaints and investigations. ..... matters which may be investigated by the lokayukta and an upalokayukta - (1) subject of the provisions of this act, the lokayukta may investigate any action which is taken by or with the general or specific approval of, - (i) the chief minister; (ii) a minister or a secretary, (iii) a member of the state legislature; or (iv) any other public servant being a public servant of a class notified by the state government in consultation with the lokayukta in this behalf; in any case where a complaint involving a grievance or an allegation is made in respect of such action. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2496; 1998(2)ALD(Cri)400; 1998(4)ALLMR(SC)372; JT1998(5)SC64; 1998(4)SCALE266; (1998)6SCC66; [1998]3SCR837
..... under the rule making power conferred on it by section 23 of the lokayukta act, 1984, the state of karnataka has framed rules for recruitment of the staff in the lokayukta called the karnataka lokayukta (cadres, recruitment and conditions of service of the officers and employees) rules, 1988. ..... at the outset, it is necessary to refer briefly to the provisions of the prevention of corruption act, 1988, and of the karnataka state lokayukta act, 1984 in so far as they are relevant and to certain notifications adverted to by the parties before the high court.13. ..... 17819/94 that the police officers sent on deputation to the lokayukta to 'assist' the said authority under section 15(1) of the karnataka state lokayukta act, 1984 would cease to be police officers for purposes of section 17 of the prevention of corruption act, 1988, held mat the petition was liable to be partly allowed on the basis of the following reasoning. ..... that the notification dated 26.5.1986 issued under section 2(s) of the criminal procedure code, 1973 whereby offices of the lokayukta throughout the state were declared as police stations respect of jurisdiction mentioned against each of them - could not be of any help to the state inasmuch as those police officers on deputation in the police wing of the lokayukta could not have been asked to undertake any functions other than those of 'assisting' the lokayukta as specified in section 15(1) of the lokayukta act, 1984. .....
Tag this Judgment!Court : Supreme Court of India
..... the suitability of a person for appointment as upa-lokayukta has primacy over the views of others involved in the consultation ..... several related 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 principal question for consideration is whether the appointment of justice chandrashekaraiah as an upa-lokayukta was in accordance with the provisions of section 3(2)(b) of the karnataka lokayukta act, 1984 which requires consultation, inter alia, with the chief justice of the karnataka high court. .....
Tag this Judgment!Court : Supreme Court of India
..... the later judgment has also considered similar such provisions contained in andhra pradesh lokayukta act, 1983, assam lokayukta and upalokayukta act 1985, bihar lokayukta act 1973, chhattisgarh lok aayog adhyadesh, 2002, delhi lokayukta and upa-lokayukta act 1995, gujarat lokayukta act 1986, jharkhand lokayukta act, 2001, haryana lokayukta act, 2002 and kerala lokayukta act, 1999 and held that each state has adopted different eligibility criteria, method of selection, consultative procedures etc. ..... the later decision of this court considered the question about the primacy of the views expressed by the chief justice of the high court of karnataka in making appointment to the post of lokayukta and upa- lokayukta by the governor of karnataka in exercise of power conferred on him under section 3(2)(a) and (b) of the karnataka lokayukta act, 1984 (hereinafter called as karnataka act). ..... dated 11.01.2013 in civil appeal nos.197-199 of 2013 @ slp (c) nos.15658-15660 of 2012 which related to appointment of upa-lokayukta under section 3 of the karnataka lokayukta act, 1984. ..... after holding so, by referring to section 3(1) of the orissa lokpal and lokayuktas act which is in pari materia with the gujarat act, this court by making specific reference to the decision which came up to this court in justice k.p. .....
Tag this Judgment!Court : Supreme Court of India
..... the later judgment has also considered similar such provisions contained in andhra pradesh lokayukta act, 1983, assam lokayukta and upalokayukta act 1985, bihar lokayukta act 1973, chhattisgarh lok aayog adhyadesh, 2002, delhi lokayukta and upa-lokayukta act 1995, gujarat lokayukta act 1986, jharkhand lokayukta act, 2001, haryana lokayukta act, 2002 and kerala lokayukta act, 1999 and held that each state has adopted different eligibility criteria, method of selection, consultative procedures etc. ..... the later decision of this court considered the question about the primacy of the views expressed by the chief justice of the high court of karnataka in making appointment to the post of lokayukta and upa- lokayukta by the governot of karnataka in exercise of power conferred on him under section 3(2)(a) and (b) of the karnataka lokayukta act, 1984 (hereinafter called as karnataka act ). ..... dated 11.01.2013 in civil appeal nos.197-199 of 2013 @ slp (c) nos.15658-15660 of 2012 which related to appointment of upa-lokayukta under section 3 of the karnataka lokayukta act, 1984. ..... after holding so, by referring to section 3(1) of the orissa lokpal and lokayuktas act which is in pari materia with the gujarat act, this court by making specific reference to the decision which came up to this court in justice k.p. .....
Tag this Judgment!Court : Supreme Court of India
..... order dated 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 the respondent. ..... disciplinary enquiry was initiated under section 7(2) of the karnataka lokayukta act 1984. ..... (i) the prosecution before the special judge, 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 ..... after the investigation, a charge sheet was submitted against the respondent by the lokayukta police in special case no.20 of 2011 in the court of special judge ..... (anand r deshpande) additional registrar (enquiries-3) karnataka lokayukta, bangalore 4 by an order dated 22 january 2015, the lokayukta held that the charge against the respondent was proved and recommended the penalty of compulsory retirement from service under rule 8(vi) of ..... was registered with the lokayukta police against the respondent for the commission of an offence punishable under sections 7 and 13(1) (d) read with section 13 (2) of the prevention of corruption act 1988. .....
Tag this Judgment!Court : Supreme Court of India
..... respondent and an fir has been lodged against the appellant without following the due procedure contemplated under section 9 of the karnataka lokayukta act, 1984 (in short "the lokayukta act") which deals with the provisions relating to complaints and investigations, where any person can make a complaint under the lokayukta act, either to the lokayukta or to the upalokayukta. ..... above contentions urged on behalf of the parties and in view of the law laid down by this court under the lokayukta act and keeping in mind the apprehension expressed by the learned senior counsel on behalf of the appellant with regard to the investigation that may be carried out by the lokayukta police, we are of the considered view that the learned judge of the high court has rightly declined to exercise his ..... it very clear that the initiation of the proceedings against the appellant is not under the provisions of the lokayukta act but the same has been done in accordance with the provisions of the crpc and the second respondent who is attached to the police station of lokayukta can register the fir and investigate the case independently against the appellant as held by this court in the ..... complaint against the appellant has not been lodged either before the lokayukta or upa lokayukta but the same was registered suo-moto at the police station attached to the lokayukta and therefore, the procedure provided under the provisions of the lokayukta act was not required to be followed as contended by the learned .....
Tag this Judgment!Court : Supreme Court of India
..... scrutinising the provisions enshrined under sections 9, 10 and 11 of the karnataka lokayukta act, 1984, he opined that the said authorities, while investigating the matters, are discharging quasi-judicial functions, but the nature of functions is investigative. ..... the chief secretary to the government of haryana in exercise of power under section 8(1) of the haryana lokayukta act, 2002 (for brevity, the act ) made a reference to the lokayukta, haryana to enquire into the allegations, namely, (i) whether the allegations of bribery levelled in the alleged compact disc (cd) are correct, (ii) whether change of land use (clu)/licence was granted in pursuance of these allegations, and (iii) whether by such act, any illegality was committed. ..... in the said case, radhakrishnan, j.ruled that lokayukta and upa-lokayukta act as quasi-judicial authorities, but their functions are investigative in nature. ..... the learned judge, while deliberating on the consequence of the report, ruled thus:- the governor of the state, acting in his discretion, if accepts the report of the lokayukta against the chief minister, then he has to resign from the post. ..... be that as it may, on weighing the material brought on record, the lokayukta thought it appropriate to recommend for registration of fir for offences punishable under the provisions of the prevention of corruption act, 1988 (for short, the 1988 act ) and investigation by a senior competent officer of impeccable integrity.5. .....
Tag this Judgment!