The Lokayukta has jurisdiction to investigate complaints involving public servants, even when a private party is implicated, differentiating between investigation and resulting penalties.

JUDGMENT :

D.K. SINGH, J.

The petitioner is a Co-operative Society registered under the Karnataka Societies Registration Act, 1960. This Society runs the Cosmopolitan Club situated in Tiptur, Tumakuru District. One Mr.S.Prabaiha had filed a complaint in respect of the buildings constructed by the petitioner within Tiptur City Municipal Council limits in Ward No.7, Khata No.729/539 and adjoining to the said building towards West from 144.72 kms. to 164.54 kms. State Highway No.2, Mandya-Hadagali Road is situated. The allegation is that the said building constructed by the Cosmopolitan Club is in violation of the Government Circular No.PWD:362:CRM:98 dated 09.10.1998. It is further alleged that the building has been constructed in violation of licence conditions and some part of building is unauthorised.

2. It is further alleged that the municipal authorities have connived with the Management of the Cosmopolitan Club in allowing the unauthorised construction in violation of the Circular mentioned above. The Lokayukta, vide order dated 16.03.2015 directed the Commissioner, CMC, Tiptur, to hold an enquiry in the matter and ascertain whether in Khata No.729/539, the Cosmopolitan Club has constructed the building in violation of the licence conditions and also enquire whether the said Government Circular dated 09.10.1998 has been violated. The enquiry should also be made whether the building has been come up in accordance with the licence conditions or in violation of the licence conditions.

3. In compliance of the said order dated 16.03.2015 passed by the Lokayukta, the petitioner has been issued notice by the Commissioner, CMC, Tiptur. After the order dated 16.03.2015 was passed, the Additional Registrar Enquiries-5, Karnataka Lokayukta, Bengaluru, had issued letter to the Commissioner, CMC, Tiptur directing him to comply with the order of the Lokayukta in accordance with law and report the compliance to the office of the Lokayukta.

4. In compliance of the said order dated 17.03.2015 read with the letter of the Additional Registrar Enquiries-5, notice has been issued to the petitioner by the Commissioner, CMC, Tiptur, requiring him to furnish the necessary documents in respect of the construction of the building by the Cosmopolitan Club over Khata No.729/539 in Ward No.7 within the Tiptur CMC limits. The petitioner, instead of furnishing the necessary documents and information, has filed this petition challenging the powers of the Lokayukta to conduct an enquiry against the petitioner.

5. Smt.Swamini Ganesh Mohanambal, learned counsel for the petitioner summits that under Section 7 of the Karnataka Lokayukta Act , 1984 (for short, the Act), the Lokayukta has the power to investigate the complaint in respect of the public servants and the other functionaries mentioned therein, but the Lokayukta does not have the power to investigate the grievances against a private person. She further submits that the Lokayukta has ordered the investigation against the Society which is a private person and that is not within the scope of Section 7 of the Act. She, therefore, submits that the entire proceedings undertaken by the Lokayukta including the orders dated 17.03.2015 and the impugned letter dated 01.04.2015 are only without jurisdiction and the same are liable to be set aside.

6. On the other hand, Mr.K.Prasanna Shetty, learned counsel appearing for the Lokayukta submits that holding of an enquiry is not barred under Section 7 of the Act. The Lokayukta does not have the power to take action against a private person but holding an enquiry for a violation of law or corruption by a public servant giving benefit to a private person is not barred under Section 7 of the Act. The action taken after enquiry would be against the Officials involved and not against the petitioner.

7. Mr.Vina