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2016 Supreme(Kar) 84
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MOHAN M. SHANTANAGOUDAR, BUDIHAL R.B., JJ.
Sri S.V. Ramesh - Petitioner
Vs.
State of Karnataka & Ors. - Respondents
Writ Petition No. 2581/2016 (GMKLA)
Decided On : 08-03-2016
Advocate Appeared:
Sri M.S. Bhagwat, Adv.
Sri E.S. Indiresh, HCGP for R1
Sri G. Devaraj, Adv., for R2 & R3
Headnote:KARNATAKA LOKAYUKTA ACT, 1984 - Section 12(2\3): [Mohan M. Shantanagoudar & Budihal R.B., JJ] Challenge to report of Upa-Lokayukta and consequential order of State Government and Articles of charge - Petitioner working as Assistant Executive-Engineer, BBMP said to have permitted unauthorized and illegal construction - Petitioner was basically an employee of BWSSB deputed to work in BBMP - Held, The petitioner is in service and pay of the BWSSB, which is a statutory body established under the State Act. Thus he is a public servant holding a post or office carrying salary or remuneration of more than rupees twenty thousand per month commits any illegality or irregularity, the Lokayukta or Upa-Lokayukta may investigate such matter involving any grievance or allegation. Lokayukta or an Upa-Lokayukta may also investigate any action if it is referred to him by the State Government. Provision of CCA Rules clearly depict that disciplinary action can be initiated against the petitioner (BWSSB employee) without taking consent of BWSSB under the provisions of Lokayukta Act.
Finding of the Single Judge (reported in 2015 (2) KCCR SN 164: 2015 (2) AKR 580) that Karnataka Lokayukta has no jurisdiction to investigate and enquire into such matters and hence such finding is liable to be overruled and accordingly, the same stands overruled. There is no bar for conducting investigation/Disciplinary Enquiry in the matter, even after the petitioner’s transfer from one particular place. There is no hard and fast rule that the enquiry should be initiated by department, only when the petitioner was holding the office during particular period and at a particular place. The Rules permit that the enquiry may be conducted even after his transfer from one place to another. Writ Petition dismissed.
The petitioner has called in question, (a) the report of Karnataka Upa-Lokayukta issued under Section 12(3) of Karnataka Lokayukta Act, 1984 dated 7.4.2015; (b) the order dated 12.6.2015 passed by the first respondent State Government; and (c) the Articles of Charge dated 23.7.2015 issued by the second respondent Karnataka Lokayukta against the petitioner.
2. Based on the allegation that the petitioner has permitted an unauthorised and illegal construction in property bearing No. 1/1A, Rathna Complex, Byadarahalli, Magadi Main Road, Bangalore, complaint came to be lodged against the petitioner on 13.10.2010 before Karnataka Lokayukta; the complaint reveals that the petitioner while working as Assistant Executive Engineer, Herohalli Subdivision under Bruhat Bangalore Mahanagara Palike (‘BBMP’ for short) during the period 5.3.2010 to 26.5.2010, permitted an unauthorised and illegal construction as mentioned supra. The Statement of Objections were filed by the petitioner before the Karnataka Upa-Lokayukta; however, Upa-Lokayukta after conducting investigation, submitted the report dated 7.4.2015 under Section 12(3) of Karnataka Lokayukta Act, 1984 to the State Government with the recommendation to initiate action against the petitioner and similarly situated other officials. The State Government passed the order dated 12.6.2015 vide Annexure-A entrusting the Disciplinary Enquiry to the Karnataka Upa-Lokayukta, to be held against the petitioner and others. Pursuant to the said order dated 12.6.2015, the Articles of charge are framed by the Karnataka Upa-Lokayukta against the petitioner and others on 23.7.2015 vide Annexure-B. All these orders are called in question in this writ petition.
3. Learned counsel for the petitioner submits that the petitioner is basically an employee of Bangalore Water Supply and Sewerage Board (‘BWSSB’ for short) and he is not an employee of the Urban Development Authority or BBMP and therefore, Karnataka Lokayukta has no jurisdiction to conduct the enquiry and it is only the BWSSB, who has to conduct the enquiry; the State Government has mechanically passed the order dated 12.6.2015 accepting the investigation report of Upa-Lokayukta and entrusting the matter for disciplinary enquiry to Karnataka Upa-Lokayukta; certain other employees against whom similar allegations were made are not proceeded with; the enquiry is sought to be held in respect of the alleged act after the petitioner demitted the office at BBMP.
4. All the aforementioned submissions made by the learned counsel for the petitioner cannot be accepted. It is not in dispute that the petitioner is an employee of BWSSB. It is also not in dispute that the petitioner was deputed to work as Assistant Executive Engineer under BBMP in Herohalli Subdivision from 5.3.2010 to 26.5.2010. Undisputedly, the petitioner has discharged his duties as Assistant Executive Engineer under BBMP during the said period. Within the said period only, the alleged illegality is committed by the petitioner. The unauthorised or illegal construction was allegedly permitted by the petitioner while he was working as Assistant Executive Engineer under BBMP during relevant point of time.
5. Learned counsel for the petitioner relying on the Judgment of this Court in the case of S.V. RAMESH vs. STATE OF KARNATAKA {2015(2) AKR 580} submits that the order entrusting the disciplinary proceedings to the Upa-Lokayukta is invalid inasmuch as the Government has no power in respect of taking disciplinary action against the employees of BWSSB. Thus according to him, the issuance of order by the Government and framing of articles of charge by the enquiring authority is without jurisdiction.
6. It is no doubt true that the facts in the case of S.V. Rameshcited supra are exactly similar to the facts on hand. In the said matter also, the employee of BWSSB was deputed to work in BBMP and while working in BBMP certain allegations were made and ultimately investigation was conducted and repo
