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2019 Supreme(Kar) 993

IN THE HIGH COURT OF KARNATAKA
Ravi Malimath, S.G. Pandit, JJ.
B.N. Nagendra Kumar - Appellant
Vs.
Additional Chief Secretary To Government Commerce And Industry Department, Bengaluru - Respondent
Writ Petition No. 10999 of 2017, 11000 of 2017, 11001 of 2017, 11002 of 2017, 11003 of 2017, 11004 of 2017, 11005 of 2017, 11006 of 2017
Decided On : 15-06-2019

Advocates Appeared:
P.M. Nayak, Adv., N. Anitha, Adv., V.S. Arbatti, Adv.

Headnote:

Karnataka Lokayukta Act 1984 - section 12(3) - Appointment Authority-Chairman - Punishment - Petitioners are employees of second respondent- Government Tool Room and Training Center (for short GTTC) Industrial Estate Bengaluru- It is stated that GTTC was established with an object to impart technical training and technological u-gradation by providing quality tooling and to build skilled workforce to industries - GTTC is a Society registered under Karnataka Societies Registration - Petitioners are working in GTTC in various capacities- first petitioner retired as Manager- Training second petitioner is working as Deputy Manager –Held, Government of Karnataka from time to time issue such directives or instructions as they may think fit in regard to finance and conduct of business and affairs of society and members of Governing Council shall duly comply with and give effect to such directives or instructions - State Government from time to time to issue such directives or instructions as they may think fit with regard to finance and conduct of business and affairs of Society and Governing Council shall duly comply such directives or instructions directions and instructions referred to in above regulation is confined only to handling of finance and conduct of business and affairs of Society and would not refer to conditions of service of employees of GTTC- Therefore Regulation would not empower second respondent-GTTC to resolve and to entrust enquiry - Impugned letter Appointing Authority-Chairman has power to initiate enquiry in accordance with law and applicable rules to employees of GTTC- Hence court are of view that petitions deserve to allowed to extent of entrusting enquiry by second respondent-GTTC allegation against petitioners are serious in nature - If Governing Council and Chairman are of opinion that allegation against petitioners requires to be enquired into it is at liberty to conduct enquiry against petitioners in accordance with procedure prescribed Certified Standing Orders which governs employees of GTTC and if found guilty of charges impose appropriate punishment – Petition allowed

JUDGMENT :

S.G. Pandit, J.

The petitioners are before this Court under Articles 226 and 227 of the Constitution of India praying for the following relief’s:

"(a) Call for records from the Respondents;

(b) Issue a order declaring the directions, of the Upalokayukta-1, for entrustment of conducting the enquiry against the petitioners under rule 14-A, of the Karnataka Civil Services (Classification, Control and Appeal) Rules 1957 to his authority, given under section 12(3) of the Karnataka Lokayukta Act 1984 as per the report vide No. Compt / uplok / BCD-2961 / 2013 / DRE-1 dated 12.05.2016 (Annexure-E to the writ petition) as null and Void;

(c) Issue a writ of Certiorari or any other writ to quash the decision for entrustment of the enquiry against the petitioner No.1, petitioner No.2 and petitioner No.3, to Hon'ble Upalokayukta-1, as per the circular resolution of the Governing Council of Government Tool Room & Training Centre by the second respondent vide No. GTTC / MDO / ADMN / CR / 2016-17 dated 13.06.2016 as at ANNEXURE-F to the Writ Petition;

(d) Issue a writ of Certiorari or any other writ to quash the decision for entrustment of the enquiry against the petitioner No.4, and petitioner No.5, to Hon'ble Upalokayukta-1, as per the letter of the second respondent vide No.GTTC/CHAIRMAN/2016-17 dated 13.06.2016 as at ANNEXURE-G to the Writ Petition;

(e) Issue a writ of Certiorari or any other writ to quash the decision for entrustment of the enquiry against the petitioner No.6, petitioner No.7, and petitioner No.8 to Hon'ble Upalokayukta-1, as per the letter of the third respondent vide No.GTTC/MD/2016-17 dated 13.06.2016 as at ANNEXURE-H to the Writ Petition;

(f) Issue a writ of Certiorari or any other writ to quash the Article of charge issued by the fourth respondent to the petitioners vide No. UPLOK- 1/DE-194/2016/ ARE-1 dated 13.07.2016 as at ANNEXURE-K to the Writ Petition;

(g) Issue a writ of Certiorari or any other writ to quash the modified Article of charge issued by the fourth respondent to the petitioners vide No.UPLOK-1/DE-194/2016/ARE-1 dated 26.10.2016 as at ANNEXURE-N to the Writ Petition.

2. The petitioners are employees of second respondent- Government Tool Room and Training Center (for short 'GTTC'), Rajajinagar Industrial Estate, Bengaluru. It is stated that the GTTC was established in the year 1972 with an object to impart technical training and technological up-gradation by providing quality tooling and to build skilled workforce to the industries. The GTTC is a Society registered under the Karnataka Societies Registration Act, 1960. The petitioners are working in the GTTC in various capacities. The first petitioner retired as Manager- Training, the second petitioner is working as Deputy Manager, third petitioner is working as Principal Grade-II, fourth petitioner as Principal Grade-IV, fifth petitioner as Engineer, sixth petitioner as Accounts Officer, seventh petitioner as Principal in-charge and eighth petitioner as Foreman Grade-II.

3. It is stated by the petitioners that the Governing Council is the highest body which manages the GTTC. The Governing Council consists of 10 members and the Secretary to Government of Karnataka, Commerce and Industries Department is the Chairman and Managing Director. The employees of GTTC are covered by Industrial Employment (Standing Orders) Act, 1946. The GTTC has its own Certified Standing Orders which is produced at Annexure-C. The GTTC has its own Cadre, Recruitment and Certain Conditions of Service Rules.

4. The petitioners would submit that, a complaint came to be lodged against them by one Sri.Ravichandra, before the Lokayukta under the provisions of Karnataka Lokayukta Act alleging violations in conducting training programme during the years 2010-11 and 2011-12 and misuse of funds relating to the training programme. Notice dated 06.12.2013 was issued to the petitioners by the Additional Registrar of Enquiries-10, Karnataka Lokayukta and petitioners have submitted their expl

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