SHOBITHA R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, a Civil Servant working in the cadre of Tahsildar-Grade I is invoking the writ jurisdiction of this Court for assailing the order dtd. 28/11/2022 issued by the first respondent-State at Annexure-A, whereby an inquiry having been constituted u/s.17 A of the Prevention of Corruption Act, 1988, inter alia against the petitioner, matter is placed at the hands of Addl. Director General of Police, Lokayukta. Learned counsel for the petitioner argues that, the act of his client in giving effect to the orders of the Committee for Regularization of Unauthorised Occupancy would not amount to misconduct, since he discharges the statutory obligation. He also falters the impugned order on the ground that it is not a speaking order.

(2.) Learned AGA for the State and learned Panel Counsel appearing for the Lokayukta oppose the petition making submission in justification of the impugned order and the reasons on which it has been constructed. Learned AGA submits that whether the petitioner was in the office concerned during the relevant period and whether he has committed the alleged act, are the questions of facts; these facts can be ascertained in the inquiry now constituted and therefore no relief can be granted in the petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence in the matter for the following reasons: