LAWS(KAR)-2022-2-59

P.B. CHANNABASAPPA Vs. STATE OF KARNATAKA

Decided On February 15, 2022
P.B. Channabasappa Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner is before this Court under Article 226 of the Constitution of India assailing the legality and correctness of the order dtd. 6/7/2021 passed in Application No. 9240/2018 by the Karnataka State Administrative Tribunal, Bengaluru (for short, 'Tribunal'), wherein the petitioner's challenge to entrusting the enquiry to Upa-lokayukta under Government Order bearing No. JaSamEi 109 SeEiVi 2018, dtd. 29/10/2018, under Rule 14A of the Karnataka Civil Services (CCA) Rule, 1957 (for short, 'CCA Rules') is rejected.

(2.) Heard Sri Gangadhar J.M., learned counsel for the petitioner, Sri G.K. Hiregoudar, learned Government Advocate for respondent No. 1 and Sri Anil Kale, learned counsel for respondent No. 2-Lokayukta and perused the writ petition papers.

(3.) The petitioner working as Assistant Executive Engineer approached the Tribunal in the Application stated above questioning the Government Order bearing No. JaSamEi 109 SeEiVi 2018 dtd. 29/10/2018, whereby enquiry under Rule 14A of the CCA Rules was entrusted to Upa-Lokayukta. The complaint was filed before the Upa-Lokayukta alleging that petitioner being tender inviting authority issued disregarding the Karnataka Transparency In Public Procurement Rules, 2000 (for short 'Rules 2000'). The said complaint was investigated by providing an opportunity to the petitioner and report under Sec. 12(3) of the Karnataka Lokayukta Act, 1984 (for short, 'Act') was submitted to the 1st respondent/Government. The Government on examination of the report submitted by the 2nd respondent under Sec. 12(3) of the Act, entrusted the enquiry against the petitioner to the Upa-Lokayukta invoking power under Rule 14(A) of CCA Rules.