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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.Singh, Venkatesh Naik T.
Sreenivas Jayaram, S/O. Late M. Jayaram – Appellant
Versus
Principal Secretary Department Of Medical Education – Respondent
ORDER :
VENKATESH NAIK T., J.
Writ Petition No.23630 of 2025 is filed by the petitioner, Dr. Sreenivas Jayaram, seeking to quash the report dated 3-3-2025 submitted by respondent No.2- Lokayukta under Section 12 (3) of the Karnataka Lokayukta Act, 1984 (for short, 'Act').
2. Writ Petition No.21867 of 2025 is filed by the petitioner, Dr. R. Keshavamurthy, seeking to quash the show-cause notice dated 9-7-2025 issued by respondent- No.2-Governing Council and to quash the report dated 3-3-2025 submitted by respondent No.3-Lokayukta under Section 12 (3) of the Act.
3. One Dr. Sujatha Siddappa filed a complaint dated 5-7-2021 with the Lokayukta against the petitioner(s) and other teaching faculties alleging that they are into private practice during their duty hours. On investigation, the Lokayukta submitted the report dated 3-3-2025. Thus, the disciplinary authority has issued show-cause notice dated 9-7-2025 to the petitioner(s). The petitioner(s) have sought quashing of both the investigation report/recommendation dated 3-3-2025 as well as the show-cause notice dated 9-7-2025 issued by the Governing Council.
4. Sri M. Subramanya Bhat, learned counsel for the petitioner in Writ Petition No.
The Lokayukta has no jurisdiction to investigate matters relating to the disciplinary actions of public servants as stipulated in Section 8 of the Karnataka Lokayukta Act.
The court upheld the Lokayukta's jurisdiction to investigate recruitment irregularities, clarifying that previous actions can impact public servants under statutory provisions.
Compliance with statutory procedures is mandatory; failure to adhere to outlined procedures vitiates legal proceedings and investigations.
The Lokayukta has jurisdiction to investigate complaints involving public servants, even when a private party is implicated, differentiating between investigation and resulting penalties.
The Lokayukta has locus standii to challenge Tribunal orders affecting its statutory duties, emphasizing the need for compliance with procedural norms in disciplinary proceedings.
Once the court comes to the conclusion that the authority concerned was acting within the scope of its powers and had some material, however meagre, on which it could reasonably base its opinion, the....
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