D. LAKSHMAN KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in this writ petition have called in question the order dtd. 9/3/2017 by which conduct of departmental enquiry is entrusted to the hands of the third respondent - Lokayukta and the consequent action of the fourth respondent issuing charge sheet on 31/8/2017.

(2.) Brief facts of the case leading to filing of the writ petition as pleaded are that:

(3.) After the change of khata, a complaint came to be registered before the Lokayukta by one Shivananda contending that the khata is changed on the strength of a document i.e., General Power of Attorney which is allegedly executed by Puttahonnamma who had by then died. On this complaint, a notice was issued to the petitioners as required under Sec. 9 of the Karnataka Lokayukta Act, 1984 (hereinafter referred to as the 'said Act' for short) and petitioners replied to the same. Not being satisfied with the reply submitted by the petitioners, the Lokayukta furnished its report under Sec. 12(3) of the said Act seeking an order to be passed under Sec. 12(4) of the said Act by the Government. The Government by its order dtd. 9/3/2017 passed an order entrusting the enquiry to the hands of the third respondent in terms of Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (hereinafter referred to as the 'KCS(CCA) Rules' for short) in compliance whereof a charge sheet was issued by the fourth respondent on 31/8/2017. It is this order of entrustment and the charge sheet that are called in question in the writ petition.