STATE OF KARNATAKA Vs. KEMPAIAH

JUDGEMENT

(1.) Leave is granted.

(2.) In these appeals, filed by the State of Karnataka against the common judgment of the Division Bench of the Karnataka High Court dated 2nd July, 1996 in Writ Petition No. 16857 of 1993 and Criminal Petition No. 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 Karntaka Lokayukta Act, 1984 (for short "the K. L. Act").

(3.) To appreciate the contentions of Mr. K. R. Nagaraja, the learned counsel for the appellants, it would be necessary to refer to the facts giving rise to these appeals. On 17-12-92, an unsigned representation containing allegations against certain Government officers including the respondent, Kampaiah, an IPS Officer, who was working as Deputy Commissioner of Police, East, Bangalore, during the relevant period, was forwarded by the Under Secretary to the Governor of Karnataka to the Registrar, Lokayukta for taking necessary action. The Upalokayukta referred the allegations against the respondent to the police wing of the Upalokayukta for preliminary inquiry under Section 7(2) of the K.L. Act. 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. The respondent challenged, inter alia, the validity of the said letter in the said Writ Petition No. 16857/93. It appears that as a sequel of issuing orders of search by Upalokayukta, FIR was lodged under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act (for short "the P.C. Act"); in Criminal Petition No. 1155 of 1993, he prayed before the High Court to quash the proceedings under the P.C. Act. Those two cases were disposed of by the common judgment by the High Court, referred to above.