RANJANA SURESH PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Since similar and akin issues are involved, these matters are heard together and disposed of by this common order.

(2.) The petitioners have challenged the orders passed by the Karnataka State Administrative Tribunal at Bengaluru/Belagavi (for 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' ) as well as the Article of Charges issued by the Additional Registrar of Enquiries-12, Karnataka Lokayukta, Bengaluru.

(3.) The petitioners contend that they had appeared for the written examination conducted by the Government of Karnataka through Recruitment Committee, Department of Prosecution and Government Litigation, to the post of Assistant Public Prosecutor-cum-Assistant Government Pleader on 31.08.2013 and 01.09.2013; petitioners having successfully cleared the written examination and viva voce, got appointed as Assistant Public Prosecutorcum- Assistant Government Pleader vide appointment orders issued by the competent authority. Probation period of the petitioners were declared by the Department of Home, Government of Karnataka on 25.06.2016. A private complaint under Section 200 of the Code of Criminal Procedure, 1973 (Cr.P.C. ) was filed before the Trial Court by one Sri H.T.Ravi, an unsuccessful candidate, alleging that accused No.1- Sri Chandrashekar Hiremath, the then Director of Prosecution and accused No.2 - Sri Narayanswamy, staff at the Office of Director of Prosecution, were involved in corruption with respect to recruitment of Assistant Public Prosecutors-cum-Assistant Government Pleaders. Further the said H.T.Ravi also listed register numbers of 23 candidates alleging corruption with the above said accused Nos.1 and 2. It is submitted that the Trial Court referred the private complaint to investigation by Lokayukta Police under Section 156(3) of Cr.P.C. and the Lokayukta Police registered the FIR and started investigation. After completion of the investigation, the said Lokayukta police filed charge sheet against accused Nos.1 and 2, the Trial Court took cognizance of offences and registered the case in Special C.C.No.305/2017. The Investigation Officer further filed supplementary charge sheet in the above case against sixty-one persons including the petitioners for offences punishable under Sections 120B, 420, 465, 468, 471 read with Section 34 of the Indian Penal Code. The learned Trial Judge took cognizance of the above said offences and issued summons to all the sixty-one persons including the petitioners herein.