M.P. JAISHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though the matter is listed for preliminary hearing, with the consent of the parties, the petitions are heard on merits.

(2.) The petitioner is working as a Development Officer in Karnataka Industrial Areas Development Board, a statutory Board constituted under Section 5 of the Karnataka Industrial Areas Development Act, 1966. Lokayuktha Police on 27.12.2007 caught red handed the petitioner while accepting bribe. Therefore, a case was registered against him in Special C.C. No. 21/2010. Charge sheet was filed later on stating that sanction order was obtained to prosecute the petitioner under the provisions of Karnataka Lokayuktha Act, 1984.

(3.) On 11.11.2011, respondent No. 2-Karnataka Upalokayuktha sent a report to the Government to take further steps on the ground that petitioner has committed misconduct under Rule 3(1) of the Karnataka Civil Services (Conduct) Rules, 1966. Based on the report of the Lokayuktha dated 11.11.2011, the State of Karnataka passed an order on 23.1.2012 to hold an enquiry against the petitioner under Rule 14-A of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957. Respondent No. 3 was appointed as an enquiry officer and when respondent No. 3 issued articles of charge on 16.6.2012, challenging the entrustment of enquiry to be conducted by Lokayuktha, writ petition came to be filed by the petitioner in W.P. No. 41590/2012. The said writ petition came to be allowed on 19.10.2012 granting liberty to the employer of the petitioner to take such steps as may be advised on the ground that Lokayuktha cannot not conduct an enquiry against the petitioner on the premise that Karnataka Civil Service Rules has no application to the employees of respondent No. 4.