GOPAL HANUMANTH KASE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By way of this writ petition, the petitioner seeks to question the report dated 14.08.2017, as made by the Upalokayukta-1, Karnataka State; the entrustment order dated 07.12.2017, as issued by the Government of Karnataka in its Urban Development Department; and the Article of Charges dated 04.01.2018, as issued by the Additional Registrar of Enquiries-9, Karnataka Lokayukta.

(2.) It is contended that the petitioner, working on the post of Commissioner, City Municipal Council, Jamakhandi, is governed by the Karnataka Municipalities (Recruitment of Officers and Employees) Rules, 2010 ['the Rules of 2010']. According to the petitioner, as per the said Rules of 2010, the Director of Municipal Administration is the appointing and the disciplinary authority in his regard and hence, the Government has no power to regulate his service conditions; that only the said Director is the competent authority to entrust the matter for holding inquiry; and that the respondent No.1 has no jurisdiction to pass any such entrustment order. The petitioner has also questioned the report submitted by the Upalokayukta-1 under Section 12(3) of the Karnataka Lokayukta Act, 1984 ['the Act of 1984'], recommending initiation of disciplinary action against him without considering his reply. It is further submitted that there is total nonapplication of mind on the part of the respondent No.1, while issuing the order impugned.

(3.) Learned Additional Government Advocate has refuted the contentions aforesaid with the submissions that the reply submitted by the petitioner was duly considered by the Upalokayukta-1, who declined to drop the proceedings after finding a prima facie case of misconduct, and recommended to the competent authority to initiate the disciplinary proceedings.