KS RAVIKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition arises out of an order dated 08.02.2018 passed by the Karnataka State Administrative Tribunal (hereinafter referred to as the Tribunal for short) rejecting the impleading application filed by the petitioner herein.

(2.) The 4th respondent herein had approached the Tribunal in O.A.No.11397/2016, with a prayer to quash order dated 24.03.2015, whereby the disciplinary authority entrusted the Upalokayukta with the conduct of disciplinary enquiry against the 4th respondent, under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeals,) Rules, 1957 and such other relief. The petitioner herein filed I.A.No.II for impleading himself as a party-respondent. It is averred in the impleading application that on 30.03.2012, at about 10.30 p.m., when the applicant was riding his motorcycle, the 4th respondent who was working as Police Sub-Inspector at K.R.Puram Traffic Police Station, stopped the applicant to check for drunken driving. It is alleged that the 4th respondent foisted a false case against the applicant and demanded bribe for letting him off. The applicant, in this regard filed a complaint against the 4th respondent, not only before the jurisdictional police, but also before the Lokayukta police, on 17.04.2012. The Additional Registrar, Enquiry-10, proceeded to enquire and filed a final scrutiny note holding the 4th respondent guilty of misuse of power and harassment and therefore, recommended initiation of disciplinary proceedings, by sending a report under Section 12(3) of the Karnataka Lokayukta Act, to the disciplinary authority.

(3.) It is in this background that the disciplinary proceedings were initiated against the 4th respondent. The 4th respondent approached the Tribunal being aggrieved of the entrustment of disciplinary enquiry to the Upalokayukta and sought for quashing of the entrustment order and the articles of charges.