The petitioner who was initially appointed as a Librarian

in the Ambedkar Pre-University College was subsequently

appointed as a Deputy Librarian in respondent No.5 -

Gulbarga University (for short, ‘the University’) in the year

1985 and his service conditions were governed by the

Karnataka State Universities Act, 1976 (for short ‘the

Universities Act’) on the basis of which the University has

framed a statute regulating disciplinary action/proceedings in

respect of non-teaching employees of the University including

the petitioner. Clause-9 of the Statute provides for disciplinary

action/proceedings whilst clause-10 generally provides for

adoption of Karnataka Civil Services (Classification, Control

and Appeal), Rules 1957 (for short ‘the CCA Rules’).

It is contended that from the date of his

appointment petitioner has been discharging his duties with

integrity without any complaints nor was he subjected to any

disciplinary action by the University under the Universities Act

or the Statute/Rules/Regulations framed by the University.

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Pursuant to a complaint dated 05.01.2015

submitted by respondent No.6 to the Lokayukta alleging that

the petitioner had acquired assets disproportionate to his

known sources of income, the respondent No.3 - Registrar,

Lokayukta issued an endorsement dated 16.09.2016 calling

upon the petitioner to submit his reply to the complaint made

against him. The petitioner having submitted his detailed reply

on 03.10.2016 along with all relevant documents, the

respondent No.2 - Upalokayukta prepared a report under

Section 12 (3) of the Karnataka Lokayukta Act, 1984 (for short

‘the Lokayukta Act’) recommending to the Competent

Authority to initiate disciplinary proceedings against the

petitioner and to entrust the enquiry to the Lokayukta under

Rule 14-A of the CCA Rules. The said report was forwarded

to the Competent Authority i.e., the Additional Chief Secretary

who entrusted the disciplinary enquiry against the petitioner to

the respondents 2 and 3 - Lokayukta pursuant to which the

Enquiry Officer issued Articles of Charge dated 07.09.2017

and called upon the petitioner to appear for enquiry on

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23.10.2017 on which day the petitioner filed his detailed

written statement/objections denying all the allegations and

inter alia contending that Rule 14-A of the CCA Rules were

not applicable to the petitioner who was governed by

independent and separate Statute framed by the University

including disciplinary action/proceedings against the petitioner.

It was therefore contended that the entrustment of the enquiry

by the competent authority to the Lokayukta was illegal,

arbitrary and without jurisdiction or authority of law and the

said order dated 26.04.2017 entrusting the enquiry to the

Lokayukta and all further proceedings pursuant thereto

deserve to be dropped. It is the grievance of the petitioner that

despite the aforesaid facts and circumstances, the Lokayukta

is proceeding further with the matter and as such, petitioner is

before this court by way of the present petition.

The respondent No.1 - State has filed its

statement of objections and has opposed the petition by

denying all the allegations made by the petitioner and inter alia

contending that vide a notification dated 07.07.1990 issued by

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the University, the CCA Rules have been adopted by the

University with effect from 20.08.1988. It is therefore

contended that Rule 14-A of the CCA Rules is applicable to

the employees of the Gulbarga University including the

petitioner and consequently the entrustment of the enquiry to

the Lokayukta by the State Government who is the competent

authority and all further proceedings pursuant thereto are legal

and proper and consequently, there is no merit in the petition

which is liable to be dismissed.

Respondents 2 and 3 - Lokayukta have also filed

their statement of objections opposing the petition and

denying the allegations made therein and inter alia contending

that the petitioner was guilty of violating