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2018 Supreme(Kar) 263

DINESH MAHESHWARI, B.M.SHYAM PRASAD
Gopal Hanumanth Kase S/O Late Hanumanth Kase – Appellant
Versus
State of Karnataka Department of Urban Development – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri M.S. Bhagwat, Advocate
For the Respondent: Sri Y.D. Harsha, AGA

ORDER :

1. By way of this writ petition, the petitioner seeks to question the report dated 14.08.2017, as made by the Upalokayukta-1, Karnataka State; the entrustment order dated 07.12.2017, as issued by the Government of Karnataka in its Urban Development Department; and the Article of Charges dated 04.01.2018, as issued by the Additional Registrar of Enquiries-9, Karnataka Lokayukta.

2. It is contended that the petitioner, working on the post of Commissioner, City Municipal Council, Jamakhandi, is governed by the Karnataka Municipalities (Recruitment of Officers and Employees) Rules, 2010 [‘the Rules of 2010’]. According to the petitioner, as per the said Rules of 2010, the Director of Municipal Administration is the appointing and the disciplinary authority in his regard and hence, the Government has no power to regulate his service conditions; that only the said Director is the competent authority to entrust the matter for holding inquiry; and that the respondent No.1 has no jurisdiction to pass any such entrustment order. The petitioner has also questioned the report submitted by the Upalokayukta-1 under Section 12(3) of the Karnataka Lokayukta Act, 1984 [‘the Act of 1984’], rec









































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