K. S. NANJEGOWDA Vs. STATE BY KARNATAKA LOKAYUKTHA

JUDGEMENT

(1.) These two petitions involve common parties. The issues arising therein for decision is also common as would appear from the discussion infra. Therefore, this Court proposes to decide these two petitions by a common order.

(2.) The petitioner has assailed the Government Order dated 17.10.2016 and framing of Article of Charges by the Upalokayukta dated 21.11.2016 (Annexures E and G respectively) in Writ Petition No.48384/2017 and the petitioner in Writ Petition No.61697/2016 has assailed the Government Order dated 14.09.2016 passed by the first respondent and framing of Article of Charges by the Upalokayuktha dated 7.11.2016 (Annexures J & K) respectively.

(3.) The FACTS AS DISCERN FROM WRIT PETITION NO.48384/2017 ARE AS UNDER: Respondents initiated parallel proceedings against the petitioner arising out of the allegation that on 18.06.2010 at about 11.00 a.m., one Sri B P Ramegowda along with H U Prakash approached the petitioner in the BBMP office near Srigandha Kavalu Bus Stand, Bengaluru and enquired about arrears of house tax. The petitioner told Ramegowda that tax for the past 3 years was not paid and informed that the tax worked out to Rs.50,000/-. Ramegowda asked the petitioner to verify the arrears of tax and calculate properly. Instead of properly calculating tax, petitioner is alleged to have demanded illegal gratification of Rs.6,000/-. On 19.06.2010, Ramegowda paid sum of Rs.2,000/-. Petitioner was not satisfied with the sum of Rs.2,000/- and once again insisted for payment of Rs.6,000/-. Complainant being dissatisfied with the demand made by the petitioner, registered a complaint on 19.06.2020. On the basis of the complaint, Crime No.23/2010 was registered under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 (Hereinafter referred to as the 'P.C. Act, 1988' for short), consequently, FIR was registered. Thus, trap proceedings was laid against the petitioner in respect of demand and acceptance of illegal gratification of sum of Rs.6,000/-.