M ARJUNDAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition is filed under Arts. 226 and 227 of the Constitution of India praying for quashing of the order passed by respondent No. 3 in No. COMPT/lok/bcd-127/99-2000 dated 21/05/2001, produced as Annexure-A.

(2.) THE petitioner is a Government Servant working as Deputy Commissioner of Excise, Kolar District. Formerly, he was working as the Addl. Deputy Commissioner of Excise, Bangalore District (Urban), Bangalore. While he was working as the Addl. Deputy Commissioner of Excise, Bangalore District (Urban), Bangalore a complaint was lodged by the fourth respondent to the Inspector General of Police attached to Lokayuktha alleging that the petitioner demanded Rs. 20,000/- by way of illegal gratification for reducing the excise duty to Rs. 44,000/- from the original levy of Rs. 91,389/ -. The fourth respondent taking exception to the demand approached the Deputy Superintendent of Police, Police Wing, Karnataka Lokayuktha Police Station and lodged his complaint. On the strength of the complaint the Deputy Superintendent of Police, Lokayuktha, Bangalore City registered a case on 2-6-1999 at about 5-15 p. m. in LAC Crime No. 17/99 under S. 77 of the Prevention of Corruption Act, 1988 against the petitioner and took up investigation. After investigation a trap was set on the next day i. e. , 3-6-1999 and the petitioner was trapped. A trap mahazar was drawn. After the trap, a notice was sent on 30-1-2001 to the petitioner calling upon him to show cause why departmental action should not be taken against the petitioner. Upon receipt of notice the petitioner submitted his reply on 24-2-2001 along with same enclosures and requested for dropping of the proceedings. On perusal of the reply, the Director General of Police (Lokayuktha) requested the Government to accord sanction under S. 19 of the Prevention of Corruption Act, 1988 ('p. C. Act' for short) to file a charge sheet in the court against the petitioner. This request was turned down by the Government by Government Order No. FD 110 EPS 99 dated 14-11-2000 and it was directed that an enquiry under S. 7 (2a) of the Karnataka Lokayuktha Act, 1984 ('k. L. Act' for short) be held against the petitioner. After receipt of the letter dated 14-11-2000, the Lokayuktha sent a report wherein it was stated that there is a prima facie case to hold departmental enquiry under the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 ('k. C. S. Rules' for short) and to impose major penalty and, therefore, a request was made to the Government to permit conducting of departmental enquiry by Lokayuktha under Rule 14-A of the KCS Rules, 1957. Following this letter, the Government after examining the proposal of the Karnataka Lokayukta passed the Government Order dated 3/07/2001 by making over the conduct of the enquiry under Rule 11 of the K. C. S. (C. C. A.) Rules, 1957 to the Lokayukta. That enquiry is still pending before the Lokayuktha.

(3.) WHEN things stood thus, the Lokayuktha has passed the impugned order (Annexure-A) under S. 14 of the Act on 21/05/2001 in proceedings No. COMPT/lok/bcd127/99-2000. This order is now challenged by the petitioner on various grounds, including the ground that the Lokayukta has no jurisdiction to make (sic) an order.