B.K. NAGARAJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) W.P.No.20592/2024 has been filed by Dr.D.K.Nagarajappa S/o Krishnappa who has joined as District Officer, Department of Social Welfare and thereafter had been promoted to various posts and eventually deputed by the Government to the Karnataka Bhovi Development Corporation ('Corporation' for short) vide Notification dtd. 8/3/2021 as General Manager. He has challenged the order at Annexure-'H' dtd. 6/6/2024, whereby the Government has granted previous approval as contemplated under Sec. 17A of the Prevention of Corruption Act, 1988 ("P.C. Act", for short) in order to inquire into the alleged mismanagement of funds of about Rs.80.00 crore during the time of his tenure in the said Corporation.

(2.) In W.P.No.19041/2024, the petitioner Smt.R.Leelavathi D/o late R.Ramu, who was an Officer of the Secretariat Services had been deputed to work in the year 2021 as Managing Director, Karnataka Bhovi Development Corporation, Bangalore. It is stated that during her tenure between 1/2/2021 and 30/6/2022, there has been commission of offences under Ss. 406, 420 r/w 149 of IPC and FIR was lodged in Crime No.56/2023 and it has come to the knowledge of the Authority that offence may have been committed under Sec. 13(1)(a) r/w Sec. 13(2) of the P.C. Act with respect to which previous approval as required under Sec. 17A had been granted permitting the C.I.D. to investigate into the alleged offences vide Annexure-'B' dtd. 14/6/2024, which order has been called in question.

(3.) As both the matters involve approval being granted to investigate under Sec. 17A of the P.C. Act and relate to Officers in the Karnataka Bhovi Development Corporation and in light of overlapping facts, both the Writ Petitions are taken up together and are disposed off by this common order.