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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.G.PANDIT, T.M.NADAF
Karnataka Lokayukta, M.S Building, Bengaluru, Represented By Its Registrar – Appellant
Versus
M.K. Keshavamurthy, S/o. Late B. Krishnamurthy – Respondent
| Table of Content |
|---|
| 1. karnataka lokayukta initiated suo-moto enquiry. (Para 2 , 3 , 4) |
| 2. contentions of both parties regarding reports. (Para 5 , 6) |
| 3. tribunal quashed the order of entrustment. (Para 7 , 8) |
| 4. petitioner's case based on prima facie findings. (Para 9 , 10) |
| 5. lack of prima facie material against respondent. (Para 11 , 12 , 13 , 14 , 15) |
| 6. writ petition dismissed. (Para 16) |
ORDER :
(T.M. NADAF, J.)
Though the matter is listed for ‘Preliminary Hearing’, with the consent of learned counsel for the petitioner and learned AGA, heard for final disposal.
2. This writ petition under Articles 226 and 227 of the Constitution of India is by the Karnataka Lokayukta calling in question the order dated 25.09.2020 passed by the Karnataka State Administrative Tribunal, Bengaluru, (‘the Tribunal’, for short) in Application No.1134/2018, whereby, the order dated 11.10.2017 passed by the respondent No.2 – Government in proceedings No. 
2017 vide Annexure – A16 entrusting the disciplinary enquiry to the Upa-Lokayukta under Rule 14A of the Karnataka Civil Service (Classification, Control and Appeal) Rules, 1957 (‘the Rules of 1957’, for short) is quashed.
3. The brief facts leading to the filing o
Disciplinary proceedings cannot be initiated without prima facie evidence of misconduct, as established by the Tribunal's ruling that the entrustment order lacked sufficient material.
The Government is the sole disciplinary authority competent to impose penalties following an enquiry by the Lokayukta or Upa-Lokayukta under the Karnataka CCA Rules, 1957.
Disciplinary authority cannot initiate a second inquiry after an initial report exonerates an employee, as per Rule 11A of the Karnataka Civil Services (CCA) Rules.
The government has the authority to refer corruption cases for investigation by the Lokayukta even if departmental inquiries are in progress, ensuring comprehensive enforcement of anti-corruption law....
The court clarified that inquiries against retired government servants can proceed under Rule 214 of KCSR despite Rule 14-A's limitations, affirming the Lokayukta's authority to conduct such inquirie....
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