Court : Karnataka Dharwad
..... application was filed by the petitioner to set aside the report dated 31.10.2011 submitted by the upa-lokayukta to the state government under section 12(3) of the karnataka lokayukta act, 1984, recommending to hold an inquiry against the petitioner and another, and also to set aside the consequent order dated 17.12.2011 passed by the state government entrusting the matter to the upa-lokayukta as provided under rule 14-a of the karnataka civil services (classification, control and appeal) rules, ..... the hon ble upa-lokayukta has got powers under rule 12(3) of the karnataka lokayukta act 1984 to recommend the 1st ..... perusal of the impugned report of the hon ble upa-lokayukta, we are of the view that the hon ble upa-lokayukta, has not exceeded his power under section 12(3) of the act 1984. ..... ..the contention of the applicant that after having dropped the name of the applicant from the charge memo in the criminal proceedings in lokayukta special case no.8/2010 on the ground that there was no evidence against the applicant in respect of the charges framed against him and the applicant having been given evidence as pw-5 in the said criminal proceedings, initiation ..... impugned report dated 31.10.2011 is in accordance with the provisions of section 12(3) of the act 1984. ..... complaint resulted in registering a criminal case by bijapur lokayukta police in crime no.3/2008 against the petitioner and another for offences punishable under the provisions of the prevention of corruption act, 1988. 4. .....
Tag this Judgment!Court : Karnataka
..... he was appointed as upa-lokayukta in the year 2013 under the provisions of the karnataka lokayukta act, 1984 (for short hereinafter referred as the act ) and he continues to hold the said office since then. 3. ..... act. the copy of these proceedings shall also be communicated to sri subhash b.adi, drawing his attention to the operation of the provisions of the sub-section 14 of section 6 of the lokayukta act. ..... and formed an opinion on prima facie case is set out in a separate annexures to this proceedings and; same shall be forwarded to the hon ble chief justice, high court of karnataka, in accordance with the provisions of sub-section 4 of section 6 of lokayukta ..... . the sixth and the final stage is reached when the governor assents to the address made under sub-section (12) of section 6 of the act, lokayukta or upa-lokayukta shall be deemed to have been removed from office in accordance with law. 60 ..... . on receipt of the motion referred to in sub-section (2) of section 6 of the act, the speaker or chairman as the case may be, after consulting such persons, if any, he thinks fit and after considering such materials, if any, as may be available to him and after satisfying himself as to the prima facie case regarding incapacity or misbehaviour of the lokayukta or upa-lokayukta, as the case may be, either admit the motion or refuse to admit the motion .....
Tag this Judgment!Court : Karnataka
..... this initiative was in terms of section 15(3) of the karnataka lokayukta act, 1984 (hereinafter referred to as the 'kl act', for brevity). ..... reliance is placed on the statement of objects and reasons in creating the lokayukta act. ..... it is contended that to test the 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. ..... the prosecution has alleged that the former karnataka lokayukta being a public servant whose duty as such was to prevent commission of offences of corruption, favouritism, official indiscipline intending to facilitate and knowing it to be likely that he will thereby facilitate the commission by an act of commission by not directing the authority concerned or himself taking action has committed the offence u/s 119 of ipc. ..... it is also alleged that the former lokayukta has intentionally aided the commission of offences punishable u/s 8, 9, 10 of prevention of corruption act and u/s 385, 419, 201 r/w sec.120-b of ipc by accused nos.1 to 6, by deliberately omitting to take action to prevent the commission of those offences thereby committed the offences punishable u/s 36, 109 of ipc. 5. .....
Tag this Judgment!Court : Karnataka
..... has been taken under the provisions of the karnataka lokayukta act, 1984. ..... 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. ..... -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 ..... while forwarding report under section 12(3) of the karnataka lokayukta act sought for entrustment of disciplinary proceedings under rule ..... seeking such entrustment with reference to section 12(4) of the lokayukta act without examining what is the role of the government in ..... (3) and (4) of the karnataka lokayukta act, which reads hereunder:- 12(3). ..... lokayukta act commands that the competent authority shall examine the report forwarded to it under sec.12(3) of the karnataka lokayuktha act ..... in other words, whether the government-first respondent can be a disciplinary authority or not with reference to the bangalore water supply and sewerage act, 1964 in particularly section 12 read with section 89 and 124 where the board is the appointing authority for all purpose and role of the government is only to issue necessary directions to the board ..... of the petitioner proceeded to investigate the matter and prepared a report under section 12(3) of the karnataka lokayuktha act, 1984. 4. .....
Tag this Judgment!Court : Karnataka
..... the state government has exercised its powers under section 7(2-a) of the karnataka lokayukta act, 1984 (for short, the act) while referring the matter for investigation to the lokayuktha. ..... - (a) any action in respect of which a formal and public inquiry has been ordered with the prior concurrence of the lokayukta or an upa-lokayukta, as the case may be; (b) any action in respect of a matter which has been referred for inquiry, under the commission of inquiry act, 1952 with the prior concurrence of the lokayukta or an upa-lokayukta, as the case may be; (c) any complaint involving a grievance made after the expiry of a period of six months from the date on which the action ..... sri satish doddamani, learned counsel for the petitioners submits that in the light of the provisions contained under sub-clause 2(c) and (d) of section 8 of the act, the state government could not have referred the matter of investigation by the lokayukta after the expiry of six months from the date on which the action complained against the petitioners had become known to be complainant nor it had any right after the expiry of five years from ..... - (1) except as hereinafter provided, the lokayukta or an upa-lokayukta shall not conduct any investigation under this act in the case of a complaint involving a grievance in respect of any action. .....
Tag this Judgment!Court : Karnataka
..... 12(3) of the karnataka lokayukta act, 1984, vide annexure-f; and the order dated 12.6.2013 issued by the government vide annexure-h permitting the petitioners to conduct the departmental enquiry are called in question in these writ petitions. 2. ..... the said report of the technical wing was accepted by the karnataka lokayukta through its letter dated 6.5.2013 and as per section 12(3) of the karnataka lokayukta act, the said report was placed before the state government with a recommendation that the disciplinary enquiry needs to be held against the petitioner. ..... the karnataka lokayukta having found that prima facie material, which is available against the petitioner, recommended to the state government to conduct disciplinary action against the petitioner. ..... the karnataka lokayukta has also applied its mind to the facts of the case as well as to the report submitted before him by the technical committee which was appointed for investigation. ..... ,; the karnataka lokayukta has directed its technical wing to investigate into the matter and for submission of the report; the technical wing comprising of one mr. h. r. ..... the report dated 6.5.2013 issued by the karnataka lokayukta u/s. ..... 12(3) of the act. .....
Tag this Judgment!Court : Karnataka
..... in this writ petition, he has challenged the report of an upa-lokayukta dated 08.02.2016 communicated to the competent authority namely, the state government under section 12(3) of the karnataka lokayukta act, 1984 ( the act ) recommending to hold a disciplinary inquiry against the petitioner under the karnataka civil services (classification, control and appeal) rules, 1957 ( the rules ) in respect of the misconduct alleged against him. 2. ..... the competent authority namely, the state government, on examining the aforesaid report, has passed the impugned order dated 23.02.2016 entrusting the matter to an upa-lokayukta as provided under rule 14-a(2)(a) of the rules to hold an inquiry against the petitioner as per rule 11 of the rules in respect of the misconduct alleged against him. 6. ..... the petitioner has also challenged the order of the state government dated 23.02.2016 passed pursuant to the aforesaid report in exercise of the power under rule 14-a(2)(a) of the rules whereby it has entrusted the matter to an upa-lokayukta to hold an inquiry against the petitioner as per rule 11 of the rules in respect of the misconduct alleged against him. 3. ..... the report of the upa-lokayukta impugned herein cannot be said to be without jurisdiction. .....
Tag this Judgment!Court : Karnataka
..... government of karnataka by an order dated 09.08.2010, accorded sanction to lokayukta, under section 7(2-a) of the karnataka lokayukta act, 1984, to investigate into the reported irregularities committed by the management of the company in the matter of iron ore export to china vide ..... former managing director, the special officer (export) of the company, against whom the committee has made recommendations and sanction was accorded to institute lokayukta enquiry into the reported acts of misconduct by the management of msil in the matter of iron ore export to china vide contract no.0952 dated 12.11.2009 and fix responsibility for the lapses, will be dealt by the government in accordance with law ..... and solely responsible in respect of the matters which have been noticed by the committee and in respect of which, lokayukta has been requested to investigate, the petitioner being subordinate to the managing director, carried out the orders passed by the managing director and hence the managing director of the company is disqualified to act as the disciplinary authority since the managing director has to be subjected to disciplinary action as per the findings and recommendation ..... though communication was sent to mmi on 16.2.2010 under copy to you, you have failed to initiate legal action against the mmi under the negotiable instruments act though mmi was requested to repay the amount on account of non-performance of the terms and conditions of the contract entered with msil on 13.11.2009 .....
Tag this Judgment!Court : Karnataka
..... union of india and others [(1992) 4 scc 506] in order to plead that once a proceeding is initiated for removing upa lokayukta, under the karnataka lokayukta act, 1984, the power of judicial review is no longer available. ..... according to the learned advocate general, the procedure prescribed for removal of a judge of the supreme court, or of the high court under article 124 of the constitution of india, read with judges (inquiry) act, 1968 are mutatis mutandis to section 6 of the lokayukta act. ..... . it was duly indicated that "the speaker shall take necessary steps in accordance with the lokayukta act ..... . he had filed a transcript of the proceedings of the legislative assembly which had taken place on 27.11.2015 with regard to the motion moved by mr.tanwir set for removing the petitioner from the post of upa lokayukta ..... . the parliament is granted the power of checking the conduct of a judge under article 124 of the constitution of india read with judges (inquiry) act, 1968 .....
Tag this Judgment!Court : Karnataka
..... ., with regard to - presidential assent to the karnataka lokayukta act, 1984; - setting up an institution of karnataka lokayukta by abolishing the vigilance commission; - government notifications dated 6.2.1991, 8.5.2002 and 5.12.2002 that authorized the lokayukta police with powers to investigate and had declared the offices of police inspectors of lokayukta as police stations; - method of appointment of lokayukta and upa- lokayukta; - strength and composition of the staff of lokayukta; - division of the staff of lokayukta into four wings viz ..... state government is justified in constituting anti corruption bureau by an executive government order dated 14.3.2016, in exercise of the powers under article 162 of 32 air1998sc249633 (1998)1scc22634 (2019)10 scc73835 (1998)6 scc103164 the constitution of india, when the karnataka lokayukta act, 1984 has occupied the field to eradicate the corruption in the state of karnataka, in the facts and circumstances of the present case?.2 ..... the negative holding that the state government is not justified in constituting anti corruption bureau by an executive government order no.dpar14seloyu2016 bengaluru dated 14.3.2016, in exercise of powers under article 162 of the constitution of india, when the karnataka lokayukta act, 1984 has occupied the field to eradicate the corruption 283 in the state of karnataka, in the facts and circumstances of the .....
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