CHANDRAMOULESHWARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who at the relevant time was working as an Assistant Executive Engineer with the second respondent at its East Sub-division, has called in question the State Government's Order dtd. 17/6/2015 [Annexure-V], and the State Government, by this impugned order dtd. 17/6/2015, has entrusted the contemplated enquiry against the petitioner to the Karnataka Lokayukta referring to the provisions of Rule 14-A of the Karnataka Civil Services [Conduct, Classification and Appeal] Rules, 1957 [for short, 'the CCA Rules'].

(2.) Smt. M L Suvarna, the learned counsel for the petitioner, submits that the petitioner, who was aged 59 years as of the date of the petition, has now attained superannuation and that she would confine the petitioner's grievance with the impugned order on two grounds viz., the State Government's jurisdiction to entrust enquiry to Lokayukta under Rule 14-A of the CCA Rules, on receipt of a report under Sec. 12[3] of the Karnataka Lokayukta Act, 1984 [for short, 'the Lokayukta Act'] and that the entrustment is even otherwise without application of mind. Smt. M L Suvarna is categorical that she cannot in the circumstances of the case and change in law with the march of time raise any other ground.

(3.) The undisputed facts are that the petitioner, on 24/2/2010, took charge as 'Assistant Executive Engineer' with the second respondent's East Sub-division and that the petitioner's predecessor in office on 16/6/2009 had issued notice to Sri. R. Manjunath [the complainant with the Lokayukta] for letting water charges to accumulate in a sum of Rs.11,166.00 as arrears. Further, the petitioner has caused disconnection of the water supply to the complainant's premises, and the water connection is restored immediately with the complainant depositing 50% of Rs.22,040.00, the amount let in arrears as of the date of the disconnection.