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 .....
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. ..... similarly, rule 14-a(2)(iii) of rules, 1957 provides two options to the government that after due examination of the 35 investigation report of the upalokayukta under section 12(3) of act 1984, government has to make up its mind as to whether matter is required to be entrusted to the lokayukta/upalokayukta with reference to rule 11 of rules, 1957 or entrusting to disciplinary authority with reference to rule 12 of rules, 1957. ..... it is obligatory on the part of the government when it is in receipt of investigation report under section 12(3) of the 36 act 1984, to reveal the reasons as to why matter is entrusted to lokayukta/upalokayuta or disciplinary authority, when option is provided under statute. ..... in this regard, it is necessary to reproduce section 12(4) of act, 1984 and rule 14-a(2)(iii) of the rules, 1957 reads as under: section 12(4): the competent authority shall examine the report forwarded to it under sub-section (3) and within three months of the 40 date of receipt of the report, intimate or cause to be intimated to the lokayukta or the upa- lokayukta the action taken or proposed to be taken on the basis of the report. .....
Tag this Judgment!Court : Karnataka
..... 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) ..... . 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 ..... counsel for petitioner would submit, on the basis of reference made under section 7(2-a) of the karnataka lokayukta act, 1984, lokayukta has submitted a report under section 12{3) of the karnataka lokayukta act, 1984 ..... counsel for petitioner has relied on the provisions of sections 12 & i4 of the karnataka lokayukta act, 1984 to contend that, any person indicted in the report of lokavukta should be prosecuted in the manner provided under the karnataka lokayukta act, 1984. 40 ..... ." under section 2(2) of the karnataka lokayukta act, 1984, the word "allegation" has been defined as hereunder: - "(2) "allegation" in relation to a public servant includes any affirmation that such public servant-fa) has abused his position as such public servant to obtain any gain or favour .....
Tag this Judgment!Court : Karnataka Dharwad
..... short, the ksat ), in applications filed by the petitioners under section 19 of the administrative tribunals act, 1985 (for short, act 1985 ) challenging the recommendation of the hon ble upalokayukta vide reports under section 12(3) of the karnataka lokayukta act, 1984 (for short, act 1984 ) and the order passed by the state of karnataka entrusting the matter for enquiry to the karnataka lokayukta under rule 14a of the karnataka civil services (cca) rules, 1957 (for short, rules 1957 ..... issued observation note individually dated 28.06.2019 stating that in view of the charge sheet filed by the police authorities against the petitioners and others, the hon ble karnataka lokayukta by exercising its powers under section 7 (2) of the act, 1984, has registered suo- moto cases against the petitioners and called upon to show-cause as to why departmental enquiry should not be initiated against the petitioners along with the copies of ..... inviting the attention of the court to section 8(1)(a) clause(d) of second schedule to the act 1984, it was contended that there is an absolute bar to conduct any investigation under the act by the lokayukta or an upa lokayuka in the case inasmuch as the action taken in respect of appointments, removals, pay, discipline, superannuation or other matters relating to conditions of service of ..... thereafter, the hon ble karnataka lokayukta issued report under section 12(3) of the act 1984 to the state of karnataka in order to initiate departmental enquiry against .....
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 .....
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 .....
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 .....
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 .....
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 .....
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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