K CHOWDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) At the stage of preliminary hearing, Sri N. Devadas, learned High Court Government Advocate was directed to take notice for respondents 1 and 3 and Sri R.C. Casteline, learned standing Counsel for the Corporation to take notice for respondent No. 2. Accordingly Sri N. Devadas has put in appearance on behalf of respondents 1 and 3 and Sri R.C. Casteline for respondent No. 2. The respondents 1 and 3 have also filed a common statement of objections in these petitions and also in W.P. No. 2951/1989 which is disposed of today by a separate order. These two petitions were heard along with W.P. No. 2951/1989.

(2.) In these petitions under Article 226 of the Construction, the petitioners have sought for quashing the order dated 25-1-1988 bearing No. HUD 314 MNY 86 passed by the State Government under clause (iii) of sub-rule (1) of Rule 14A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (hereinafter referred to as 'CCA Rules ') directing enquiry into the case against the petitioners.

(3.) The impugned order is passed on the basis of the report made by the Upa Lokayukta. The contention urged on behalf of the petitioners is that the State Government becomes a competent authority under the provisions of the Karnataka Lokayukta Act, 1984 (hereinafter referred to as the 'Act') in respect of the officials of the Corporation if the case is initiated only on the report made by the Lokayukta or Upalokayukta as the case may be under the provisions of the Act. As in the instant case, the report is made by the Upalokayukta under the provisions of the Act, it is submitted that sub-section (3) of Section 9 of the Act ought to have been complied with by the Upa Lokayukta before making a report against the petitioners.