DATED

11.06.2020

PASSED

BY

HON'BLE

KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BENGALURU IN

APPLICATION No.1433/2018 WHICH IS PRODUCTD AS ANNEXURE-C

AS ILLEGAL AND ULTRA VIRES.

THIS

WRIT

PETITION

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, P.N.DESAI J., PASSED THE FOLLOWING:

ORDER

This writ petition is filed by the petitioners-State

challenging the order passed in Application No.1433/2018,

dated 11.06.2020 by Karnataka State Administrative Tribunal,

Bengaluru (for short hereinafter referred to as 8Tribunal9).

3

Respondent No.1 who is the applicant before the

tribunal was working in the Public Works Department as

Assistant Engineer. Subsequently, he was posted to work in

Bruhat Bengaluru Mahanagara Palike at Bengaluru (for short

'BBMP'). It is contended that one Deepak V., had filed a

complaint to the BBMP on 03.04.2014 against one Rajkumar

alleging that the said Rajkumar has put up an illegal

construction of a compound wall and the said construction was

made without the approved plan and license. Subsequently,

Deepak V., has filed another complaint dated 12.11.2014

before

respondent

No.3

against

private

respondent

No.1/Assistant Engineer for dereliction of duty for not taking

any action against Rajakumar. A detailed explanation was given

by private respondent No.1 on 20.12.2014 and he has stated

that

the

alleged

compound

wall

was

constructed

on

conservancy area which belongs to BBMP, the same was

inspected on 16.12.2014 and the said compound wall was

removed on 20.12.2014.

4

Based on the complaint filed by the owner 3

Rajkumar, a notice was issued to the complainant 3 Sri. Deepak

to furnish the sanctioned plan/site documents relating to the

ownership

of

site

No.29/30.

In

the

meanwhile,

the

petitioners/Government without examining the materials and

appreciating the facts, passed the order under Rule 14A of the

Karnataka Civil Services (Classification, Control and Appeal),

Rules,

1957

(for

short

'KCS

(CCA)

Rules'),

entrusting

Lokayuktha Authorities to initiate enquiry against respondent

No.1. Subsequently, articles of charges were issued by

respondent No.4 against respondent No.1. The respondent No.1

challenging the correctness and legality of the said order, filed

an application before the tribunal. The tribunal after considering

the reply of respondent No.1 and other documents, allowed the

said application and set aside the impugned articles of charge

bearing

No.LOK/DE/877/2017/ARE-8

dated

22.07.2017.

Aggrieved by the impugned order, the State has preferred this

petition.

5

We have heard Smt. Shilpa S.Gogi, learned HCGP

for petitioners/State and Sri. Vijaya Kumar, learned counsel for

Caveator/respondent No.1 and perused the records.

5.

The records disclose that soon after complaint was

lodged with the BBMP, respondent No.1 had initiated the action

to demolish the compound wall which was built without any

sanctioned plan, but the complainant without waiting for the

action to be taken by respondent No.1, has approached

respondent No.3, though the applicant/respondent No.1 has

immediately taken steps. Looking into the provisions under The

Karnataka Municipal Corporations Act, 1976, (for short

hereinafter referred to as 'KMC Act'), specific provisions are

provided in the very act itself. Ignoring the same, the

complainant

has

approached

Lokayuktha

Authorities.

Respondent No.3 ought to have suggested the complainant that

when more appropriate and efficacious remedies are available

under the KMC Act, the complainant could have proceeded with

his complaint

filed

before

respondent

No.2 instead

of

approaching respondent No.3. But the same was not done and

6

respondent No.3 proceeded to take action against respondent

No.1.

6.

It is the settled principles of law that when an

efficacious remedy is available to the aggrieved party under the

particular enactment or law, then the party cannot avail the

other alternative remedy. It is evident that the explanation

given by respondent No.1 has not been taken into consideration

before passin