Point of law : Report of the Upa-lokayuktha cannot be said to be without jurisdiction and the report made therein by itself does not affect any legal right on the petitioner therein. The action of the State Government in entrusting the matter to the Upa-lokayuktha as provided under Rule 14-A(2)(a) was upheld and it was also held that it is inappropriate to interfere in such matters at the stage of issuance of the charge sheet.

ORDER :

Regard being had to the similitude in the controversy involved in all the three cases, they were heard analogously together and a common order is being passed.

2. The facts of WP.No.29212/2017 are narrated as under :

The present petition has been filed by the Lokayuktha Establishment being aggrieved by the order dated 19.4.2017 passed in Application No.2199/2016 by the Karnataka State Administrative Tribunal, Bangalore clubbed with Application No.2198/2016, by which the Tribunal has quashed the order dated 6.9.2013 i.e., the order by which the State Government has entrusted the enquiry against the respondent No.1 under Section 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957. The Tribunal has also quashed the subsequent charge sheet issued by the Lokayuktha dated 8/20.4.2015.

3. The facts of the case reveal that a large scale mining scam took place in the State of Karnataka in Bellary District and other places and by an order dated 12.3.2007 the State of Karnataka referred the issue of alleged illegal mining to the Lokayuktha Establishment for investigation under Section 7(2-A) of the Karnataka Lokayuktha Act, 1984 (hereinafter referred to as the Act of 1984). The Lokayuktha submitted its first report on 18.12.2008 and in Chapter IV of the report, it was observed that although mines/forest departments were issuing permits in the names of lessees or their agents for transportation, but in reality those permits were being used by raising contractors and other persons to transport ores from areas totally unconnected with original lease and the departmental officials were hand in glove with the persons carrying out the illegal mining.

4. Another report was submitted by the Lokayuktha Establishment on 27.7.2011 and it was reported by the Lokayuktha that a Mafia type of operations in relation to the illegal mining and transportation of mined ore is taking place with full connivance of the department of Police, RTO, Mines, Forest, Revenue, Commercial Taxes, KSPCB, Labour, Weight and Measures Department and others.

5. It has been further stated by the petitioners that the Income Tax Department also conducted raids during the year 2010 and seized the material from the premises of one Mr. Karapudi Mahesh and there was an involvement of as many as 617 officials of various cadre and connected departments. The documents shared with the Lokayuktha reflected that bribe to the tune of Rs.2,46,62,377/- was paid under the head “departmental expenses” and a record was maintained by Karapudi Mahesh in electronic form. The Lokayuktha Establishment conducted a thorough probe in the matter and submitted a report holding that forged and fake permits were issued by the Mines and Geology Department, Andhra Pradesh and they were used for the illegal transportation of stolen iron ore brought from various places viz., forest land, revenue land and also from regular leases in excess quantity than permitted in Karnataka from Hospete, Sandur and Bellary and other Taluks and money to the tune of Rs.1,11,13,394/- was paid for procuring such permits. The report also reflected involvement of large number of government servants i.e., 617 officials as mentioned in the report and based upon the final report submitted by the Lokayuktha Establishment, the Government of Karnataka constituted a High Level Committee comprising of one Sri. K. Jairaj, Additional Chief Secretary as Chairman and four other Senior IAS Officers as Members.

6. The Government of Karnataka by an order dated 6.9.2013 entrusted a disciplinary enquiry to be held against the officials named in the Government Order to the Karnataka Lokayuktha and Upalokayuktha in exercise of the powers under Rule 14-A and 214 of the Karnataka Civil Services (Classification, Control and Appeal) Rules of 1957 (hereinafter referred to as the CCA Rules of 1957). The Lokayuktha Establishment nominated 2 Additional Registrars of Enquiries as Enquiry Officers and a charge sheet was issu