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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, VENKATESH NAIK T.
Cosmopolitan Club, Represented By Its Secretary Sri. G. Nanda Kumar – Appellant
Versus
Karnataka Lokayukta, M.S. Building DR. B.R. Ambedkar Veedhi, Bengaluru – Respondent
| Table of Content |
|---|
| 1. allegations of unauthorized construction by a private society. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding the lokayukta's jurisdiction. (Para 5 , 6 , 7) |
JUDGMENT :
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.
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,
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 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.
The State Government did not have the jurisdiction to entrust the inquiry to the Lokayukta under Rule 14-A of the CCA Rules because the petitioners were not Government servants within the meaning of ....
Point of Law : Functions of Ombudsman - Lok Ayukta ought not have proceeded with any complaint or mal administration with regard to a public servant of a Local Self Government Institution.
The court ruled that a preliminary inquiry does not require prior notice to a public servant and that the Lok Ayukta can proceed without forwarding a copy of the complaint unless a formal investigati....
Compliance with statutory procedures is mandatory; failure to adhere to outlined procedures vitiates legal proceedings and investigations.
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