SAIBANNA Vs. STATE OF KARNATAKA DEPARTMENT OF PANCHAYATRAJ

JUDGEMENT

(1.) We have heard the arguments of learned counsel for the petitioner and learned Additional Government Advocate for respondent No.1 and also learned counsel for respondent Nos.2, 3 and 6. We have carefully perused the entire records.

(2.) Brief facts of the case on hand are that, the petitioner had been undisputedly working as a Bill Collector in Gram Panchayath Office at Kavalaga village in Aland taluk, Kalaburagi district from the date of his appointment i.e., since 1997. A person by name Dileep Devidas of Kavalaga village filed a complaint before the Lokayukta, Bengaluru alleging that, the petitioner has made properties illegally and also harassing the staff of Gram Panchayath. The matter was referred to the Karnataka Lokayukta Police, Kalaburagi by the Lokayukta. The Lokayukta Police after holding enquiry and recording the statements of all the witnesses and also the staff members of Gram Panchayath gave a report that, those allegations are false. In spite of that, the Hon'ble Upa-lokayukta has issued a notice to the petitioner calling upon his comments. The petitioner has filed his version denying all the allegations made by the complainant. Thereafter, the Hon'ble Lokayukta found that, the said bill collector has acquired various properties as noted in the order of the Lokayukta as per Annexure-D dated 02.12.2016. Having come to know about the said facts, the Lokayukta found that, there were some properties, which were made in the name of the wife and brother of the petitioner. Therefore, the Lokayukta found that those facts are sufficient to hold that there are sufficient substantial materials against the petitioner. Accordingly, the recommendation was made under Section 12(1) of the Karnataka Lokayukta Act to the competent authority for taking action for termination of the petitioner from his post as a Bill Collector and action taken report in that regard has to be sent to Lokayukta under Section 12(2) of the Karnataka Lokayukta Act.

(3.) On the basis of the said report sent by the Hon'ble Lokayukta, without further enquiry, the Government has accepted the said report and passed an order as per Annexure-F dated 11.01.2017 directing the Gram Panchayath to hold disciplinary action against the petitioner and then to report to the Lokayukta with regard to the action taken. On the basis of the said direction issued by the Deputy Director Under Secretary to the Government, Department of Rural Development and Panchayat Raj, respondent Nos.6 and 7 have passed an order as per Annexure-D dated 07.12.2017 by removing the petitioner from service as a bill collector. This order actually has been called in question before this Court.