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1998 Supreme(SC) 696

M.K.MUKHERJEE, S.S.M.QUADRI
State of Karnataka – Appellant
Versus
Kempaiah – Respondent


Judgment

Quadri, J.-Leave is granted.

2. In these appeals, filed by the State of Karnataka against the common judgment of the Division Bench of the Karnataka High Court dated 2nd July, 1996 in Writ Petition No. 16857 of 1993 and Criminal Petition No. 1155 of 1993, only that part of the judgment is assailed, which deals with the interpretation of ‘action’ as defined in Section 2(1) of the Karnataka Lokayukta Act 1984 (for short “the K.L. Act”).

3. To appreciate the contentions of Mr. K.R. Nagaraja, the learned counsel for the appellants, it would be necessary to refer to the facts giving rise to these appeals. On 17.12.92, an unsigned represen­tation containing allegations against certain government officers including the respondent, Kempaiah, an IPS Officer, who was working as Deputy Commissioner of Police, East, Bangalore, during the relevant period, was forwarded by the Under Secretary to the Governor of Karna­taka to the Registrar, Lokayukta for taking necessary action. The Upalokayukta referred the allegations against the respondent to the police wing of the Upalokayukta for preliminary inquiry under Section 7(2) of the K.L. Act. Apropos to the preliminary inquiry the Upalo­kayukt























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