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Karnataka High Court
Judges : S.Mohan,M.Ramakrishna
STATE OF KARNATAKA - Appellant
Versus
N.GUNDAPPA - Respondent
W. A. 2242 Of 1989
Decided On : 01/03/1990
Advocates Appeared :
B.B.BAJENTRI, N.K.Gupta, R.C.Castelino, Sashidar S.Karmadi
quasi judicial - proceedings under Section 9 of the Karnataka Lokayukta Act, 1984 - The court held that the proceedings under Section 9 of the Karnataka Lokayukta Act, 1984 are quasi judicial in nature due to the presence of a complaint, preliminary enquiry, opportunity for the public servant to offer comments, and serious consequences contemplated under Section 13 and Section 14 of the Act.
Fact of the Case:
The court found the proceedings under Section 9 of the Karnataka Lokayukta Act, 1984 to be quasi judicial in nature and dismissed the Writ Appeal.
Finding of the Court:
The court analyzed the nature of the proceedings under Section 9 and concluded that they are quasi judicial in nature, affirming the decision of the learned single Judge and dismissing the Writ Appeal.
Issues:
Ratio Decidendi: The court's finding that the proceedings under Section 9 of the Karnataka Lokayukta Act, 1984 are quasi judicial in nature due to the presence of a complaint, preliminary enquiry, opportunity for the public servant to offer comments, and serious consequences contemplated under Section 13 and Section 14 of the Act.
Final Decision: The court agreed with the learned single Judge and dismissed the Writ Appeal.
( 1 ) WE have not the slightest hesitation in holding that the proceedings under Section 9 of the karnataka Lokayukta Act, 1984 are quasi judicial in nature. Our reasons are as under: firstly there is a complaint. Secondly there is a preliminary enquiry to conduct investigation. Thirdly a copy of the complaint is forwarded to the public servant and the Competent Authority concerned. Fourthly the public servant is afforded an opportunity to offer his comments on such complaint. Thereafter should the Lokayukta submit a report as to what consequences follow are delineated under Section 13 of the Act. Having regard to the serious consequences contemplated thereunder, the conclusion is inescapable that it is quasi judicial in nature. Not only that, Section 14 of the Act also contemplates initiation of prosecution.
( 2 ) ACCORDINGLY, we agree with the learned single Judge and dismiss this Writ Appeal.
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