Court : Karnataka
..... x x x explanation: in this rule, the expressions lokayukta and upa-lokayukta shall respectively have the meaning assigned to them in the karnataka lokayukta act,1984 (and the expression karnataka lokayukta police means the police wing established under section 15 of the karnataka lokayukta act, 1984 and includes, so far as may be, the corresponding establishment under the karnataka state vigilance commission rules, 1980, and the expression inspector-general of police shall be ..... and2d respondents pertaining to the impugned order dated3105.2017 issued by the2d respondent vide annexure-a, order dated2812.2016 passed by the1t respondent vide annexure-b, and the report under section123) of the karnataka lokayukta act, 1984 dated1709.2016 at annexure-c sent by the2d respondent to the1t respondent. ..... control and appeal) rules, 1957 (for short cca rules ); (iii) in writ petition no.45764/2017: (i) articles of charge in reference no.uplok- 1/de/251/2017/are-4 dated 31.05.2017 issued by the lokayukta (annexure a ); (ii) government order no.gra.a.pa:18:ka.gra.mu:2016, bengaluru, dated 28.12.2016 passed by the state government (annexure b ) and (iii) report dated 17.09.2016 in reference no.compt/uplok/glb-5215/2012/are-5, issued under section 12(3) of the karnataka lokayukta act, 1984 ( kl act for short) (annexure c ). ..... further with the aforesaid issue raised in these cases, it will be useful to extract the relevant legal provisions as under: the karnataka lokayukta act, 1984: section 2(4):2. .....
Tag this Judgment!Court : Karnataka
..... x x x explanation: in this rule, the expressions lokayukta and upa-lokayukta shall respectively have the meaning assigned to them in the karnataka lokayukta act,1984 (and the expression karnataka lokayukta police means the police wing established under section 15 of the karnataka lokayukta act, 1984 and includes, so far as may be, the corresponding establishment under the karnataka state vigilance commission rules, 1980, and the expression inspector-general of police shall be ..... and2d respondents pertaining to the impugned order dated3105.2017 issued by the2d respondent vide annexure-a, order dated2812.2016 passed by the1t respondent vide annexure-b, and the report under section123) of the karnataka lokayukta act, 1984 dated1709.2016 at annexure-c sent by the2d respondent to the1t respondent. ..... control and appeal) rules, 1957 (for short cca rules ); (iii) in writ petition no.45764/2017: (i) articles of charge in reference no.uplok- 1/de/251/2017/are-4 dated 31.05.2017 issued by the lokayukta (annexure a ); (ii) government order no.gra.a.pa:18:ka.gra.mu:2016, bengaluru, dated 28.12.2016 passed by the state government (annexure b ) and (iii) report dated 17.09.2016 in reference no.compt/uplok/glb-5215/2012/are-5, issued under section 12(3) of the karnataka lokayukta act, 1984 ( kl act for short) (annexure c ). ..... further with the aforesaid issue raised in these cases, it will be useful to extract the relevant legal provisions as under: the karnataka lokayukta act, 1984: section 2(4):2. .....
Tag this Judgment!Court : Karnataka
..... b) the report under section 12(1) and 12(3) of the karnataka lokayukta act,1984 and subsequent notices issued to the petitioner by the authorities are all hereby ..... senior counsel appearing for the petitioner, assailing these two impugned reports contends that the lokayuktha had no jurisdiction to initiate the proceedings on the complaint of the 3rd respondent in view of section 8(1)(b) of the karnataka lokayukta act, 1984 (for short hereinafter referred to as the lokayukta act . ..... the petitioner has challenged in this writ petition annexure-a the report under section 12(c) of the karnataka lokayukta act, 1984 where a recommendation was made to the competent authority to redress the grievance of the complainant by canceling the mining lease and licence of the petitioner if already granted or to reject application for renewal of mining lease and also initiate criminal proceedings against the petitioner for the violation of provisions of forest conservation act and ipc.2. ..... cr.pc in case of necessity, within three months from the date of this order and shall intimate or cause to be intimated to the lokayukta about the action taken on the report within one month therefore as per section 12(2) of karnataka lokayukta act, 1984. 8. ..... of karnataka lokayukta act 1984 issued by the r-2 dated 13.3.2014 vide ann-a and quash the communication issued by the r-2 dated 18.3.2014 vide ..... order to appreciate the aforesaid contention, first we have to see section 8 of the karnataka lokayukta act, 1984. .....
Tag this Judgment!Court : Karnataka Dharwad
..... learned senior advocate shri ashok harnanahalli argues that there are two significant infirmities in the impugned order namely: (i) the tribunal has recorded a finding that there is violation of section 9(3) of the karnataka lokayukta act, 1984 when apparently there is compliance and therefore there was absolutely no scope for invoking section 9(3)(a) & (b) of the act vide - 4 - nc:2024. ..... employee being the first respondent has entered appearance through his private advocate who vehemently resists the petition on the ground of lack of locus standii of the lokayukta; the tribunal has after examining the records has entered a finding as to non-compliance of section 9(3) of the 1984 act and that does merit a deeper examination in the writ jurisdiction; the tribunal has given a cogent finding as to why it has foreclosed the proceedings; lastly, the articles ..... 1 the contention of the respondent employee that the lokayukta has no locus standii in a matter like this is bit difficult to countenance: firstly, the tribunal has faltered the action on the ground that section 9(3) of the 1984 act has not been complied with by the lokayukta; secondly, the articles of charge have not been properly framed. ..... there is one more aspect which needs to be mentioned in so many words: we have come across several cases wherein the action of lokayukta made under the provisions of section 12 of the 1984 act or that of its delegates viz. .....
Tag this Judgment!Court : Karnataka
..... explanation, -in this rule, the expressions lokayukta and upalokayukta shall respectively have the meaning assigned to them in the karnataka lokayukta act, 1984)].1 2[and the expression karnataka lokayukta police means the police wing established under section 15 of the karnataka lokayukta act, 1984 and includes, so far as may be, the corresponding establishment under the karnataka state vigilance - ..... the karnataka lokayukta police before 21st day of december, 1992. ..... in cases entrusted to the lokayukta, - (1) the provisions of sub rule (2) shall, notwithstanding anything contained in rule 9 to 11a and 13, be applicable for purposes of proceeding against government servants whose alleged misconduct has been investigated into by the lokayuukta or an uplokayukta either under the provisions of the karnataka lokayukta act, 1984 or on a reference from government].1 2[or where offences alleged against them punishable under the prevention of corruption act, 1947 or the prevention of corruption act, 1988 has been investigated by .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR3595; 1995(1)KarLJ281
..... challenges section 14 of the karnataka lokayukta act, 1984 (l.a. ..... the learned counsel lays emphasis on the different procedures prescribed under the prevention of corruption act and the lokayukta act for sanctioning prosecution and contended the different procedures prescribed for similarly placed persons would lead to discriminatory treatment being ..... act of 1984, the lokayukta or upalokayukta are empowered to pass an order for the prosecution of the public ..... open to the 3rd respondent to afford an opportunity to the petitioner as required by section 9 of the lokayukta act and to proceed further. 12. ..... under section 9(3)(a) of the lokayukta act, a copy of the complaint shall be forwarded to the public servant and the competent authority concerned, after making preliminary enquiry under sub ..... unable to accept the contention of the learned counsel for the petitioner that articles 309 and 311(1) of the constitution of india are attracted while dealing with the validity of section 14 of the lokayukta act. ..... there is no such sanction of the competent authority under the prevention of corruption act, the direction of the lokayukta or upalokayukta under section 14 will be deemed to be sanction of the competent authority ..... the contention of the learned counsel that the lokayukta or upalokayukta are guided only by the record of investigation in coming to a conclusion under section 14, whereas the competent authority under the prevention of corruption act can go into other considerations also, cannot .....
Tag this Judgment!Court : Karnataka Dharwad
..... by the petitioner to set aside the report dated 31.10.2011 submitted by the -3- w.p.no.100805/2016 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, 1957 ..... hon ble upa-lokayukta has got powers under rule 12(3) of the the 1st karnataka lokayukta act 1984 respondent. ..... 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, ..... impugned report dated 31.10.2011 is in accordance with the provisions of section 12(3) of the act 1984. ..... resulted in registering a criminal case by bijapur lokayukta police in crime no.3/2008 against the petitioner and -4- w.p.no.100805/2016 another for offences punishable under the provisions of the prevention of corruption act, 1988.4. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... order of acquittal was challenged by the lokayukta before this court in criminal appeal no.3683/2010 and during the pendency of the said criminal appeal, on the basis of the same set of facts, the lokayukta prepared a report under section 12(3) of the karnataka lokayukta act, 1984 (hereinafter referred to as the act, 1984 ) and furnished the same to the ..... of the act, 1984, which reads thus; section 2(4): competent authority in relation to a public servant means, - (a) xxxx (b) xxxx (c) xxxx 14 (d) in the case of any other public servant, such authority as may be prescribed; section 2(4)(d) as extracted herein above depicts that in case of any other public servant would be the competent authority and on such prescription as may be made under the karnataka lokayukta rules, ..... act, 1984, he would submit that the petitioner was not a government servant and hence, the government ought not to have referred the matter to the lokayukta ..... same evidence of the very same witnesses which was earlier considered by the criminal court and examines the very same documents, but comes to a different conclusion on the ground that the evidence act is not applicable to departmental proceedings and in a departmental enquiry, the guilt has to be proved on preponderance of probability and in the case of the petitioner, the probabilities of his ..... of public servants referred to in section 2(4) of the act, 1984, the government of karnataka would be the competent authority. ..... 2(4) of the act, 1984 is required to .....
Tag this Judgment!Court : Karnataka
..... , advocate for r4) this writ petition is filed under articles226and227of constitution of india praying to declaring that the respondent no.4 has no authority to hold and continue to hold the public office of the karnataka upa-lokayukta, under the karnataka lokayukta act, 1984; quashing the order bearing no.dpar168slu2017dated2011.2019 passed by the governor of karnataka, appointing4h respondent as3karnataka upa-lokayukta, copy produced and marked as annexure-g and etc. ..... on 12 section 3(2)(b) of the karnataka lokayukta act, 1984 which reads as follows:- 3. ..... was issued by the state vide annexure-g, dated 20-11-2019 appointing justice shri bhimanagouda sanganagouda patil, as the upa-lokayukta of karnataka by his excellency, the governor of karnataka in exercise of the powers conferred under section 3(1) of the karnataka lokayukta act, 1984. ..... purpose of conducting investigations and enquiries in accordance with the provisions of this act, the governor shall appoint a person to be known as the lokayukta and one or more persons to be known as the upalokayukta or upalokayuktas. ..... patil judge (rtd), high court of karnataka, upa-lokayukta, multi-storeyed building, dr.ambedkar road, bengaluru-560 001 ..... as held by the high court, that no constitutional authority is kept in the dark about the name of any candidate under consideration and each constitutional authority mentioned in section 3(2)(b) of the act must know the recommendation made by one another for appointment as an upa-lokayukta. .....
Tag this Judgment!Court : Karnataka
..... - 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 ..... , may either direct an inquiry into the case by the vigilance commission / lokayukta / upa lokayukta or direct the appropriate disciplinary authority to take action in accordance with regulation 12. ..... 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. .....
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