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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
S.G.PANDIT, GEETHA K.B.
Karnataka Lokayukta, R/By Its Registrar – Appellant
Versus
J.S. Tasagaonkar, S/o. Syed Usman – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to tribunal's order. (Para 1) |
| 2. court's review of jurisdiction in inquiry. (Para 2 , 5 , 6) |
| 3. arguments on rule application for inquiry. (Para 3 , 4) |
| 4. significance of rules in disciplinary proceedings. (Para 7 , 8) |
| 5. procedural considerations in charges issuance. (Para 9 , 10) |
| 6. court's conclusion on writ petition. (Para 11) |
ORDER :
S.G.PANDIT, J.
This writ petition is filed by the Lokayukta represented by its Registrar under Article 226 of the Constitution of India questioning the order dated 18.10.2022 in Application No.10294/2020 passed by the Karnataka State Administrative Tribunal at Belagavi (for short ‘the Tribunal’), wherein, the Tribunal quashed the order of entrustment of enquiry dated 14.05.2019 (Annexure-A5) to the petitioner solely on the ground that the State could not have entrusted the enquiry to the petitioner in respect of a retired employee under Rule 14-A of KCS (CC &A) Rules, 1957. [hereinafter referred to as “CCA Rules”]
2. Heard learned counsel Sri Anil Kale for the petitioner, learned Principal Government Advocate Sri G.K. Hiregoudar for respondent Nos.2 & 3, and learned counsel Sri Satish K. with Sri Suresh Bhat for re
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....
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 ....
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.
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