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INDEX OF ORDER
| Sl. No. | Description Page Nos. | |
| Cause title 4-28 | ||
| I | Brief facts of the case 29-80 | |
| (a) | W.P. No.21468/2016, 29-38 | |
| (b) | W.P. No.19386/2016 38-43 | |
| (c) | W.P. No.23622/2016, 43-51 | |
| (d) | W.P. No.16222/2017, 51-56 | |
| (e) | W.P. No.16223/2017, 56-59 | |
| (f) | W.P. No.16697/2017, 59-61 | |
| (g) | W.P. No.16703/2017, 61-63 | |
| (h) | W.P. No.16862/2017, 63-65 | |
| II | Objections filed by the respondent No.1/State of Karnataka in W.P. No.19386/2016 | 80-88 |
| III | Objections filed by the 2nd respondent/ACB in WP 16223/17 and WP 16697/17 | 88-90 |
| X | Arguments advanced by Sri C.V. Sudhindra, learned counsel for the petitioners in W.P.No.28341/2017 and W.P.No.18042/2019 | 133-137 |
| XI | Arguments advanced by Sri Sharath S. Gowda, learned counsel for the petitioner/s in Writ Petition No.16697/2017 | 138 |
| XII | Arguments advanced by Sri Ashok Haranahalli, learned senior counsel for Karnataka Lokayukta | 139-152 |
| XIII | Arguments advanced by Sri Prabhuling K. Navadgi, learned Advocate General for the respondent/State | 152-163 |
| XIV | Points for determination | 163-164 |
| XV | Consideration | 164-280 |
| XVI | Recommendations | 280-282 |
| XVII | Conclusion | 282-283 |
| XVIII | Result | 284-289 |
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2022 PRESENT THE HON'BLE MR. JUSTICE B. VEERAPPA AND THE HON’BLE Mrs. JUSTICE K.S. HEMALEKHA WRIT PETITION No.19386/2016 (GM-RES)
C/W WRIT PETITION Nos. 21468/2016, 23622/2016,16222/2017, 16223/2017, 16697/2017, 16703/2017, 16862/2017, 28341/2017, 108010/2017, 108689/2017, 108690/2017, 22851/2018, 9147/2019 AND 18042/2019 IN WP No.19386/2016:
BETWEEN:
CHIDANANDA URS B.G., S/O LATE B.C.GOPALARAJ URS, AGE 47 YEARS, OCCUPATION: ADVOCATE, NO.85/86, 4TH CROSS, BHUVANESHWARINAGAR, H.A.FARM POST, HEBBAL-DASARAHALLI, BENGALURU-560024.
...PETITIONER (BY SRI RAVI B. NAIK, SENIOR COUNSEL FOR SRI K. B. MONESH KUMAR, ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BENGALURU-560 001.
2 . KARNATAKA LOKAYUKTA REPRESENTED BY ITS REGISTRAR, MULTISTOREYED BUILDING, BENGALURU-560 001.
3 . ADDITIONAL DIRECTOR GENERAL OF POLICE KARNATAKA LOKAYUKTA, M.S.BUILDING, BENGALURU-560 001.
RESPONDENT NOS. 2 & 3 DELETED VIDE COURT ORDER DATED 07.04.2016
4 . ANTI CORRUPTION BUREAU REP. BY ADGP
5 . STATE OF KARNATAKA BY ITS UNDERSECRETARY TO GOVERNMENT, HOME DEPARTMENT (POLICE SERVICES-A) KARNATAKA GOVERNMENT SECRETARIAT, VIDHANA SOUDHA, BENGALURU-560 001.
6. KARNATAKA LOKAYUKTA M.S. BUILDING, BENGALURU-560 001.
REPRESENTED BY ITS REGISTRAR, ...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE, SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1 AND R5, SRI MANMOHAN P.N., ADVOCATE FOR R4;
SRI ASHOK HARANAHALLI, SENIOR COUNSEL FOR SRI B.S.
PRASAD, ADVOCATE FOR R6;
VIDE ORDER DATED 7.04.2016 R2 AND R3 ARE DELETED)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 14.03.2016 ISSUED BY THE R-1 IN No.DAE14 SLU 2016 PRODUCED AT ANNEXURE-D AND THE NOTIFICATIONS DATED 19.03.2016 ISSUED BY THE R-5 PRODUCED AT ANNEXURES - E, E1, E2 AND E3.
IN WP No.21468/2016 :
BETWEEN:
THE ADVOCATES ASSOCIATION BENGALURU, HIGH COURT BUILDING, VIDHANA VEEDHI, BANGALORE-560001.
REP BY ITS GENERAL SECRETARY, SRI PUTTEGOWDA.
...PETITIONER (BY SRI RAVI B. NAIK SENIOR COUNSEL FOR SRI K.B. MONESH KUMAR, ADVOCATE)
AND:
1 . THE CHIEF SECRETARY, DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS VIDHANA SOUDHA, BENGALURU-560001.
2 . THE ANTI CORRUPTION BUREAU REP. BY ITS ADGP KHANIJA BHAVANA, RACE COURSE ROAD BANGALORE 560001.
3 . THE PRINCIPAL SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU-560001.
4 . THE DIRECTOR & INSPECTOR GENERAL OF POLICE STATE OF KARNATAKA NRUPATHUNGA ROAD, BANGALORE-560001.
...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE, SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1, R3 AND R4, SRI MANMOHAN P.N., ADVOCATE FOR R2)
****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATIONS DATED 19.03.2016 VIDE ANEEXURES-F,G,H,J ETC., IN WP No.23622/2016:
BETWEEN:
SAMAJ PARIVARTHANA SAMUDAYA, (A SOCIETY REGISTERED UNDER THE PROVISIONS OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960), REPRESENTED BY ITS FOUNDER PRESIDENT, SRI. S.R. HIREMATH, OFFICE AT "ASHADEEP", JAYANAGAR CROSS, SAPTAPUR, DHARWAD-580 001.
...PETITIONER (BY SRI BASAVARAJ S., SENIOR COUNSEL FOR SRI GOWTHAM A. R., ADVOCATE)
AND:
1 . STATE OF KARNATAKA, BY ITS CHIEF SECRETARY, DEPARTMENT OF PERSONNEL &
ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
2 . THE UNDER-SECRETARY TO GOVERNMENT HOME DEPARTMENT (POLICE SERVICES-A)
VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU-560 001.
3 . THE ANTI CORRUPTION BUREAU REPRESENTED BY ITS ADGP, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001.
4 . THE PRINCIPAL SECRETARY DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560 001.
5 . THE DIRECTOR & INSPECTOR GENERAL OF POLICE STATE OF KARNATAKA, NRUPATHUNGA ROAD, BENGALURU-560 001.
6 . THE REGISTRAR KARNATAKA LOKAYUKTA, MULTI-STORIED BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE, SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1, R2 AND R4 AND R5;
SRI MANMOHAN P.N., ADVOCATE FOR R3;
SRI ASHOK HARANAHALLI SENIOR COUNSEL A/W SRI VENKATESH S ARABATTI, SPL.PP FOR R6)
****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 14.03.2016 ISSUED BY THE R-1 PRODUCED AT ANNEXURE-A AND THE NOTIFICATIONS DATED 19.03.2016 ISSUED BY THE R-2 PRODUCED AT ANNEXURES - B, C, D AND E.
IN WP No.16222/2017:
BETWEEN:
SRI. K.T. NAGARAJA S/O K C THAMMAIAH GOWDA AGED ABOUT 58 YEARS RESIDING AT NO 455, III BLOCK, 21ST CROSS, 4TH LINK ROAD, JAYANAGAR BANGALORE - 560041.
...PETITIONER (BY SRI M.S. BHAGWAT SENIOR COUNSEL A/W SRI SATISH K., ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BANGALORE - 560001.
2 . THE STATE OF KARNATAKA, DEPARTMENT OF HOME, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKAS SOUDHA, BANGALORE - 560001.
3 . THE ANTI CORRUPTION BUREAU REPRESENTED BY ADDITIONAL DIRECTOR GENERAL OF POLICE, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560001.
...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE, SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1 AND R2; SRI MANMOHAN P.N., ADVOCATE FOR R3;
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.3.2016 PASSED BY THE R-1 VIDE ANNEXURE-A.
IN WP No.16223/2017 :
BETWEEN:
SRI. KALE GOWDA, S/O LATE BANDI GOWDA, AGED ABOUT 54 YEARS, WORKING AS ASSISTANT ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PUBLIC WORKS DIVISION, MANDYA 571 401.
...PETITIONER (BY SRI M.S. BHAGWAT SENIOR COUNSEL A/W SRI SATISH K., ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BANGALORE 560 001.
2 . ANTI-CORRUPTION BUREAU POLICE STATION REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE MANDYA, MANDYA DISTRICT 571 401.
...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE, SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1;
SRI MANMOHAN P.N., ADVOCATE FOR R2)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 14.3.2016 PASSED BY THE R-1 VIDE ANNEXURE-A. IMPUGNED FIRST INFORMATION REPORT DATED 6.2.2017 VIDE CRIME NO.1/2017 REGISTERED BY THE 2ND RESPONDENT VIDE ANNEXURE-B AND ALL FURTHER PROCEEDINGS PENDING ON THE FILE OF THE 2ND RESPONDNET.
IN WP No.16697/2017 :
BETWEEN:
SRI SIDHARTH BHUPAL SHINGADI, S/O LATE BHUPAL SHINGADI, AGED ABOUT 53 YEARS, VILLAGE ACCOUNTANT, HIREKODI VILLAGE, CHIKKODI TALUK, BELAGAVI DISTRICT, PIN CODE: 591201.
R/AT NO. 5432, NEAR HANUMANTH TEMPLE, INDRA NAGAR, CHIKODI, BELAGAVI DISTRICT - 591201.
...PETITIONER (BY SRI SHARATH S. GOWDA, ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA, DEPARTMENT OF PERSONNEL &
ADMINISTRATIVE REFORMS REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA, BANGALORE - 560001.
2 . THE STATE OF KARNATAKA, DEPARTMENT OF HOME, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKAS SOUDHA, BANGALORE - 560001.
3 . THE ANTI CORRUPTION BUREAU GOVT. OF KARNATAKA, 25, RACE COURSE ROAD, HIGH GROUNDS, SAMPANGI RAMA NAGAR, BENGALURU, KARNATAKA - 560001.
REP BY ADGP.
4 . THE INSPECTOR OF POLICE, THE ANTI CORRUPTION BUREAU, BELGAVI DISTRICT, BELGAVI - 591201.
5 . SRI SUBHASH BALAPPA BALIKAI, MAJOR, RETIRED SOLDER, HEREKODI VILLAGE, CHIKODI TALUK, BELGAVI DISTRICT - 592101.
...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE, SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1 AND R2;
SRI MANMOHAN P.N., ADVOCATE FOR R3 AND R4;
R5 IS SERVED BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED GOVERNMENT ORDER DATED 14.3.2016 PASSED BY THE R-1 VIDE ANNEXURE-A, THE IMPUGNED COMPLAINT DATED 6.3.2017 GIVEN BY THE R-5 VIDE ANNEXURE-B AND THE IMPUGNED FIRST INFORMATION REPORT DATED 6.3.2017 VIDE CRIME NO.3/2017 REGISTERED BY THE R-4 VIDE ANNEXURE-C AND ALL FURTHER PROCEEDINGS PENDING ON THE FILE OF THE R-3.
IN WP No.16703/2017 :`
BETWEEN:
1 . SRI BASAVARAJU M., S/O MUNISWAMY, AGED ABOUT 43 YEARS, RESIDING AT NO.47
2ND CROSS, 3RD MAIN UNIVERSITY LAYOUT RAJARAJESHWARI NAGAR BANGALROE-560 098.
2 . SRI RAMACHANDRAPPA H. C., S/O CHOWDAPPA M., AGED ABOUT 47 YEARS, RESIDING AT 2029, 1ST MAIN, M. C. LAYOUT, VIJAYANAGAR BANGALORE-506 040.
3 . SRI G. H. NAGAHANUMAIAH, S/O HANUMAIAH, AGED ABOUT 45 YEARS WORKING AS SPECIAL LAND ACQUSITION OFFICER BANGALORE DEVELOPMENT AUTHORITY WEST PARK ROAD BANGALORE-560 020 4 . SRI E PRAKASH S/O M EASAPPA AGED ABOUT 50 YEARS RESIDING AT NO.14
1ST A MAIN, K H B COLONY
1ST STAGE, BASAWESHWARA NAGAR BANGALORE-560 079 ...PETITIONERS (BY SRI M.S. BHAGWAT SENIOR COUNSEL A/W SRI SATISH K., ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA, BANGALORE-560 001
2 . THE STATE OF KARNATAKA DEPARTMENT OF HOME REPRESENTED BY ITS PRINCIPAL SECRETARY VIKAS SOUDHA BANGALORE-560 001
3 . THE ANTI CORRUPTION BUREAU, REPRESENTED BY ADDITIONAL DIRECTOR GENERAL OF POLICE, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001.
...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE;
SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1 AND R2; SRI MANMOHAN P.N., ADVOCATE FOR R3)
****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 14.3.2016 PASSED BY THE R-1 VIDE ANNEXURE-A.
IN WP No.16862/2017 BETWEEN:
SRI DEEPAK KUMAR H. R., S/O RAMASWAMY, AGED ABOUT 33 YEARS, RESIDING AT NEAR CANARA BANK, ARALIKATTE ROAD, UDAYAGIRI, HASSAN-573201.
...PETITIONER (BY SRI D.L. JAGADEESH, SENIOR COUNSEL A/W SMT. RAKSHITHA D. J., ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA DEPARTMENT OF PERSONNEL &
ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY.
2 . THE STATE OF KARNATAKA DEPARTMENT OF HOME, VIKASA SOUDHA, BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY.
3 . THE ANTI CORRUPTION BUREAU REPRESENTED BY ITS DEPUTY SUPERINTENDENT OF POLICE RAVINDRANAGAR, OPP. TO DANGE HOSPITAL M.G.ROAD, HASSAN DISTRICT, HASSAN-573201.
4 . SRI K M AHMED S/O LATE MADAR SAB, AGED 48 YEARS, ELECTRICAL CONTRACTOR, AZAD MOHALLA, WARD NO.17, HASSAN-573201. ...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE, SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1 AND R2; SRI MANMOHAN P.N., ADVOCATE FOR R3;
R4 IS SERVED BUT UNREPRESENTED)
****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DATED 14.3.2016 BEARING No.CiAaaSuE 14 SeeLoU 2016 PASSED BY THE R-1 VIDE ANENXURE-A AND THE COMPLAINT DATED 26.8.2016 LODGED BY THE R-4 VIDE ANNEXURE-B AND THE FIRST INFORMATION REPORT DATED 26.8.2016 IN CRIME NO.1/2016 REGISTERED BY THE R-3 VIDE ANNEXURE-C.
IN WP No.28341/2017:
BETWEEN:
SRI. CHANNABASAVARADHYA, S/O LATE S. C. CHANDRAPPA, AGED ABOUT 55 YEARS, RESIDING AT SADYOJATHA, 3RD MAIN, ASHOK NAGAR, TUMKUR - 572102.
...PETITIONER (BY SRI C. V. SUDHINDRA, ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE - 560001.
2 . THE OFFICE OF THE ANTI CORRUPTION BUREAU, NO 25, RACE COURSE ROAD, HIGH GROUNDS, KHANIJA BHAVAN, BANGALORE - 560001.
...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE;
SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1;
SRI MANMOHAN P.N., ADVOCATE FOR R2)
****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 14.3.2016 VIDE ANNEXURE-C ALONG WITH THE SUBSEQUENT SUPPORTING NOTIFICATIONS AT ANNEXURES-D, E, F, G ALL DATED 19.3.2016 AND NOTIFICATION DATED 30.3.2016 VIDE ANNEXURE-H AND NOTIFICATION DATED
21.4.2016 AT ANNEXURE-J ISSUED BY R-1.
IN WP No.108010/2017 :
BETWEEN:
SRI. PRAKASH HASARADDI, S/O LATE KRISHNAPPA, AGED ABOUT 43 YEARS, WORKING AS ASSISTANT ENGINEER, OFFICE OF HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, HUBBALLI-580025.
...PETITIONER (BY SRI M.S. BHAGWAT SENIOR COUNSEL A/W SRI SATISH K., ADVOCATE )
AND:
1 . THE STATE OF KARNATAKA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001.
2 . THE STATE OF KARNATAKA DEPARTMENT OF HOME, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKAS SOUDHA, BENGALURU-560001.
3 . THE ANTI CORRUPTION BUREAU REPRESENTED BY ITS INSPECTOR OF POLICE, DHARWAD-580001.
4 . SRI.ANAND JADAV S/O DATTARAM JADHAV, AGED ABOUT 37 YEARS, R/AT: HOUSE NO.74, ARAVIND NAGAR, KHB COLONY, HUBBALLI-580025.
...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE;
SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1 & R2;
SRI MANMOHAN P.N., ADVOCATE FOR R3)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED14.03.2016 PASSED BY THE 1ST RESPONDENT (ANNEXURE-A), IMPUGNED COMPLAINT DATED 13.02.2017 GIVEN BY THE 4TH RESPONDENT (ANNEXURE-B) AND THE IMPUGNED FIRST INFORMATION REPORT DATED 13.02.2017 VIDE CRIME NO.2/2017 REGISTERED BY THE 3RD RESPONDENT (ANNEXURE-C) AND ALL FURTHER PROCEEDINGS PENDING ON THE FILE OF THE 3RD RESPONDENT.
IN WP No.108689/2017 :
BETWEEN:
SRI. BASAVARAJ ALIAS SACHIN, S/O BASAVARAJA PATIL ALIAS SARWAD, AGED ABOUT 28 YEARS, WORKING AS COMPUTER OPERATOR/TECHNICIAN, KHADED BUILDING, SHAKARWADI AT POST, NIPPANI AKOL ROAD, NIPPANI, CHIKKODI TALUK, BELGAUM DISTRICT-590001.
...PETITIONER (BY SRI M.S. BHAGWAT SENIOR COUNSEL A/W SRI SATISH K., ADVOCATE )
AND:
1 . THE STATE OF KARNATAKA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001.
2 . THE STATE OF KARNATAKA DEPARTMENT OF HOME, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKAS SOUDHA, BENGLAURU-560001. 3 . THE ANTI CORRUPTION BUREAU REPRESENTED BY ITS INSPECTOR OF POLICE, BELAGAUM-590001.
4 . THE DEPUTY SUPERINTENDENT OF POLICE, THE ANTI CORRUPTION BUREAU, BELAGAUM-590001.
...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE;
SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1 & R2;
SRI MANMOHAN P.N., ADVOCATE FOR R3 & R4)
****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 14.03.2016 PASSED BY THE 1ST RESPONDENT (ANNEXURE-A), IMPUGNED COMPLAINT DATED 09.06.2017 GIVEN BY THE 4TH RESPONDENT (ANNEXURE-B) AND THE IMPUGNED FIRST INFORMATION REPORT DATED 09.06.2017 VIDE CRIME NO.10/2017 REGISTERED BY THE 3RD RESPONDENT (ANNEXURE-C) AND ALL FURTHER PROCEEDINGS PENDING ON THE FILE OF THE 3RD RESPONDENT, IN SO FAR AS THE PETITIONER IS CONCERNED.
IN WP No.108690/2017 :
BETWEEN:
1 . SRI SHANKAR RAMACHANDRA AMBURE, S/O LATE RAMACHANDRA AMBURE, AGED ABOUT 52 YEARS, WORKING AS COMMERCIAL TAX OFFICER (ENFORCEMENT), OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES, BELGAUM-590001.
2 . SRI.IRAPPA PARAPPA VANDAL S/O LATE PARAPPA, AGED ABOUT 56 YEARS, WORKING AS COMMERCIAL TAX INSPECTOR (ENFORCEMENT), OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES, BELGAUM-590001.
3 . SRI.PRAKASH CHANAPPA KOLKAR S/O LATE KOLKAR, AGED ABOUT 59 YEARS, WORKING AS PEON/GROUP ‘D’ OFFICER, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES, BELAGAVI-590001.
...PETITIONERS (BY SRI M.S. BHAGWAT SENIOR COUNSEL A/W SRI SATISH K., ADVOCATE )
AND:
1 . THE STATE OF KARNATAKA, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001.
2 . THE STATE OF KARNATAKA DEPARTMENT OF HOME, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKAS SOUDHA, BENGLAURU-560001. 3 . THE ANTI CORRUPTION BUREAU REPRESENTED BY ITS INSPECTOR OF POLICE, BELGAUM-590001.
4 . THE DEPUTY SUPERINTENDENT OF POLICE, THE ANTI CORRUPTION BUREAU, BELGAUM-590001.
...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE;
SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1 & R2;
SRI MANMOHAN P.N., ADVOCATE FOR R3 & R4)
****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 14.03.2016 PASSED BY THE 1ST RESPONDENT (ANNEXURE-A), IMPUGNED COMPLAINT DATED 09.06.2017 GIVEN BY THE 4TH RESPONDENT (ANNEXURE-B) AND THE IMPUGNED FIRST INFORMATION REPORT DATED 09.06.2017 VIDE CRIME NO.10/2017 REGISTERED BY THE 3RD RESPONDENT (ANNEXURE-C) AND ALL FURTHER PROCEEDINGS PENDING ON THE FILE OF THE 3RD RESPONDENT, IN SO FAR AS THE PETITIONER IS CONCERNED.
IN WP No.22851/2018 :
BETWEEN:
1 . SRI HEMESHA S. M., S/O.LATE MALLAPPA S., WORKING AS SUB REGISTRAR, OFFICE OF SUB REGISTRAR, KADUR, CHIKKAMGALUR-577548.
2 . SRI K. S. PRASANNA, S/O LATE A.N.SRINIVASA MURTHY, RESIDING BESIDE SRI VENKATESHWARA SWAMY TEMPLE, VIDYANAGAR, KADUR-577548.
3 . SRI L. S. SATISH, S/O SHEKARAPPA, AGED ABOUT 30 YEARS, PERMANENTLY RESIDING AT LINGLAPURA VILLAGE, KADUR TALUK, CHIKKAMGALUR-577748.
...PETITIONERS (BY SRI M.S. BHAGWAT SENIOR COUNSEL A/W SRI SATISH K., ADVOCATE )
AND
1 . THE STATE OF KARNATAKA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BANGALORE-560001.
2 . THE STATE OF KARNATAKA DEPARTMENT OF HOME, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKAS SOUDHA, BANGALORE-560001.
3 . THE DEPUTY SUPERINTENDENT OF POLICE THE ANTI CORRUPTION BUREAU, CHIKKAMANGALUR-577748.
4 . SRI CHANDRASHEKARAPPA, S/O.HANUMANTHAPPA, AGED ABOUT 45 YEARS, RESIDING AT BYADAGAHALLI, BIRUR POST, KADUR TALUK-577116.
...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE;
SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1 & R2;
SRI MANMOHAN P.N., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 14.03.2016 PASSED BY THE 1ST RESPONDENT (ANNEXURE-A), IMPUGNED COMPLAINT DATED 12.04.2018 GIVEN BY THE 4TH RESPONDENT (ANNEXURE-B) AND THE IMPUGNED FIRST INFORMATION REPORT DATED 12.04.2018 VIDE CRIME NO.3/2018 REGISTERED BY THE 3RD RESPONDENT (ANNEXURE-C) AND ALL FURTHER PROCEEDINGS PENDING ON THE FILE OF THE 3RD RESPONDENT, IN SO FAR AS THE PETITIONERS ARE CONCERNED.
IN WP No.9147/2019 :
BETWEEN:
SRI T. N. RANGASWAMY, S/O T K NANJE GOWDA, R/A NO.106, KRISHNA, BLOCK-4, NATIONAL GAMES VILLAGE, KORAMANGALA, BANGALORE-560034.
...PETITIONER (BY SRI M.S. BHAGWAT SENIOR COUNSEL A/W SRI SATISH K., ADVOCATE )
AND:
1 . THE STATE OF KARNATAKA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA, BANGALORE-560001.
2 . THE STATE OF KARNATAKA DEPARTMENT OF HOME REPRESENTED BY ITS PRINCIPAL SECRETARY VIKAS SOUDHA, BANGALORE-560001.
3 . THE DEPUTY SUPERINTENDENT OF POLICE, THE ANTI CORRUPTION BUREAU, BANGALORE URBAN DISTRICT, BANGALORE-560001.
4 . SRI MANJUNATH G. R., S/O RAMAKRISHNA B. R., MAJOR R/A NO.1654, 17TH A MAIN
1ST STAGE, 5TH BLOCK HBR LAYOUT, BANGALORE-560043 ...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE;
SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1 & R2;
SRI MANMOHAN P.N., ADVOCATE FOR R3;
R4 IS SERVED BUT UNREPRESENTED)
****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED GOVERNMENT ORDER DATED 14.03.2016 PASSED BY THE 1ST RESPONDENT (ANNEXURE-A), IMPUGNED COMPLAINT DATED 20.11.2018 GIVEN BY THE 4TH RESPONDENT (ANNEXURE-B) AND THE IMPUGNED FIRST INFORMATION REPORT DATED 20.11.2018 VIDE CRIME NO.30/2018 REGISTERED BY THE 3RD RESPONDENT (ANNEXURE-C) AND ALL FURTHER PROCEEDINGS PENDING ON THE FILE OF THE 3RD RESPONDENT, IN SO FAR AS THE PETITIONER IS CONCERNED.
IN WP No.18042/2019:
BETWEEN:
SRI. K. C. YATHISH KUMAR S/O LATE K.A. CHINNAPPA, AGED ABOUT 53 YEARS, RESIDING AT NO.39, 2ND CROSS, 2ND STAGE, 10TH BLOCK, NAGARABHAVI, BANGALORE-72.
...PETITIONER (BY SRI C. V. SUDHINDRA, ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-01.
BY SPP, HIGH COURT OF KARNATAKA.
2 . THE OFFICE OF THE ANTI CORRUPTION BUREAU NO.25, RACE COURSE ROAD, HIGH GROUNDS, KHANIJA BHAVAN, BANGALORE-560 001.
REP. BY STANDING COUNSEL, HIGH COURT OF KARNATAKA, BANGALORE-560001.
...RESPONDENTS (BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL AS AMICUS CURIAE;
SRI PRABHULING K. NAVADGI, ADVOCATE GENERAL, A/W SRI V. SREENIDHI, AGA AND SRI KIRAN KUMAR, HCGP FOR R1;
SRI MANMOHAN P.N., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED GOVERNMENT NOTIFICATION DATED 14.3.2016 VIDE ANEXURE-C ALONG WITH THE SUBSEQUENT SUPPORTING NOTIFICATIONS VIDE ANNEXURE-D, E F AND G, ALL DATED 19.3.2016 AND NOTIFICATION DATED 30.03.2016 VIDE ANNEXURE-H AND NOTIFICATION DATED 21.4.2016 VIDE ANNEXURE-J.
THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, B. VEERAPPA J., PASSED THE FOLLOWING:
O R D E R
W.P Nos.19386/2016, 21468/2016, 22370/2016 and
23622/2016 are filed in public interest and the other writ petitions are filed by the individual persons in their personal interest. Now, we shall go through the facts of each of the writ petitions in seriatim.
I. Brief facts of the case (a) Writ Petition No.21468/2016 (PIL) by AAB:
2. This writ petition is filed by the Advocates Association, Bengaluru in public interest for a writ of certiorari to quash the notifications dated 19.3.2016 vide Annexures – F, G, H and J. By Annexure-F notification, the Government of Karnataka authorized all the Deputy Superintendents of Police, office of the Anti Corruption Bureau (‘ACB’ for short) for the purpose of investigation in consonance with the provisions of Section 17 of the Prevention of Corruption Act (‘PC Act’ for short). By Annexure-G notification, the Government of Karnataka has superseded the Notification No.HD 286 PEG 90 dated 6.2.1991 with immediate effect. This would mean that the power to investigate any offence under the provisions of the PC Act by the Police Wing of the Karnataka Lokayukta as prescribed under section 17 of the PC Act, is superseded. By Annexure-H notification, the Government of Karnataka, in exercise of the powers under the provisions of Clause (s) of Section 2 of the Code of Criminal Procedure, declared that the office of the ADGP, Anti Corruption Bureau, Bengaluru as Police Station having jurisdiction for the whole of the State of Karnataka. By Annexure-J notification, the Government of Karnataka, in exercise of the powers under the provisions of Clause (s) of Section 2 of the Code of Criminal Procedure, has superseded the Notifications NO.HD 292 PEG 2000, dated 8.5.2002 and HD 324 PEG 2002, dated 5.12.2002 with immediate effect. With this notification, the office of the ADGP, Lokayukta would no longer have the effect of that of a Police Station.
3. It is the case of the petitioner/Advocates association that the Association was registered under the provisions of the Karnataka Cooperative Societies Act to cater to the needs and necessities of the Advocates fraternity and office bearers are elected by the enrolled and practicing Lawyers, who are further enrolled as members of the Advocates Association. The petitioner Association has been keenly interested and is actively concerned with the problems of the common man and has actively voiced in various forums and platforms. It is further case of the petitioner that prior to the Karnataka Lokayukta Act,1984 (‘KL Act’ for short) came into force, there used to be a Vigilance Commission to look into the grievances of the people. That in view of more effectively ensuring better administrative action, check the omissions and commissions, cater to the common man, the State Legislature in its endeavour to clean the Augean stables, was pleased to enact KL Act which was intended to be a pro people Act as a self contained mechanism through which the grievances of the people of the State can get effective redressal as also the mischief of the erstwhile Vigilance Commission could also be cured.
4. The Provisions of Section 3 of the KL Act regulates the method of appointment of Lokayukta and Upa-Lokayukta. A person to be appointed as the Lokayukta shall be a person who has held the office of a Judge of the Supreme Court or that of the Chief Justice of a High Court or a person who has held the office of a Judge of a High Court for not less than ten years and a person to be appointed as a Upa-Lokayukta shall be a person who has held the office of a Judge of a High Court for not less than five years. There would be sufficient number of officers to ensure the effective functioning of the Institution. The State of Karnataka has framed rules for recruitment of the staff in the Lokayukta called Karnataka Lokayukta (Cadre, Recruitment and conditions of service of the officers and employees) Rules, 1988. Rule 3 thereof provides for the strength and composition of the staff of th
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