The court upheld the Lokayukta's jurisdiction to investigate recruitment irregularities, clarifying that previous actions can impact public servants under statutory provisions.

ORDER :

1. The present writ petition is filed by the petitioner who was the applicant before the Karnataka State Administrative Tribunal [Hereinafter referred to as ‘KSAT’] calling in question the order dated 27.09.2021 passed in application No.1604/2019, whereunder the Tribunal dismissed the application filed by the petitioner.

2. The relevant facts in a nutshell leading to present petition are that the respondent No.2-Director of Department of Prosecutions, State of Karnataka issued a Notification on 16.05.2012 to fill up 197 Posts of Assistant Public Prosecutors [Hereinafter referred to as ‘APP’] cum Government Pleaders [Hereinafter referred to as ‘GP’]. The petitioner having made an application pursuant to the said Notification was selected and appointed to the post of APP cum Assistant Government Pleader [Hereinafter referred to as ‘AGP’] on 17.06.2014 and he reported for duty on 30.06.2014. By order dated 28.10.2016, the probationary period of the petitioner was declared as satisfactory.

3. When things stood thus, pursuant to a private complaint, the Lokayukta Police registered an FIR in Crime No.59/2014 and the (alleged) irregularities committed in the selection process was investigated, consequent to which a charge sheet and additional charge sheet were filed, whereunder, the petitioner was arrayed as the accused No.49. The Lokayukta issued an observation note on 28.06.2018 whereunder it was alleged that the petitioner was involved in certain malpractices in collusion with the Director of Prosecution with an intention to secure an appointment and had involved himself in manipulating answer scripts and that Departmental enquiry should be initiated against him.

4. The petitioner submitted a detailed explanation to the observation note on 17.07.2018, consequent to which the respondent No.3/Lokayukta submitted a report under Section 12 (3) of the Karnataka Lokayukta Act, 1984 [Hereinafter referred to as ‘Act’] to the respondent No.1/Secretary, Home Department, State of Karnataka seeking entrustment of enquiry under Rule 11 of the Karnataka Civil Services (Classification Control and Appeal) Rules, 1957 [Hereinafter referred to as ‘CCA Rules’] Thereafter, respondent No.1 by order dated 27.11.2018 entrusted the enquiry to the respondent No.3/Lokayukta, consequent to which, the respondent No.4/Additional Registrar of Enquiries, Karnataka Lokayukta issued articles of charge dated 29.12.2018.

5. Being aggrieved by the order of entrustment dated 27.11.2018 and articles of charge dated 29.12.2018, the petitioner filed application No.1604/2019 before the Tribunal. The Tribunal, noticing that by order dated 21.12.2019 passed in application No.10075/2019 filed in respect of the same issue, the order of the Tribunal was affirmed by this Court as also by the Hon’ble Supreme Court and R.P.No.100050/2020 and other connected cases, was dismissed by this Court, the application of the petitioner was also dismissed by the Tribunal by its order dated 27.09.2021. Being aggrieved by the order dated 27.09.2021, the present petition is filed.

6. Learned counsel for the petitioner contends that the charges alleged against the petitioner are in respect of an act done prior to his appointment as an APP cum AGP and hence the same cannot be the subject matter of the investigation by the respondent No.3-Lokayukta. Reliance is placed by the learned counsel for the petitioner on a coordinate bench judgment of this Court in the case of the State of Karnataka Vs. M. Iliyas , Order dated 16.06.2025 passed in W.A. No. 100628/17 and W.P. No. 102913/2018. Hence, he seeks for allowing the petition and granting of the reliefs sought for.

7. Per contra, learned counsel appearing for the Lokayukta as well as learned AGA appearing for the State contends that a similar question having been considered by this Court in respect of the investigation conducted by the Lokayukta relating to the same recruitment conducted pursuant to the Notification dated 16.05.2012 in the case