IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF OCTOBER, 2021

PRESENT

THE HON9BLE MRS. JUSTICE S. SUJATHA

AND

THE HON9BLE MR. JUSTICE E.S. INDIRESH

WRIT PETITION NO.14832 OF 2021 (S-KSAT)

BETWEEN

SRI MUKKANNA NAIK J R

S/O RAMANAIK

AGED ABOUT 55 YEARS,

SUPERINTENDING ENGINEER

PANCHYAT RAJ ENGINEERING

DEPARTMENT CIRCLE,

ANAND RAO CIRCLE BANGALORE-560009

RESIDING AT NO.27, 9TH CROSS

PAMPA EXTENSION

KEMPAPURA, HEBBAL

BENGALURU-560024.

...PETITIONER

(BY SRI M MADHUSUDHAN, ADVOCATE)

AND

1. THE STATE OF KARNATAKA

REPRESENTED BY ITS PRINCIPAL

SECRETARY TO GOVERNMENT

SOCIAL WELFARE DEPARTMENT

II FLOOR, VIKASA SOUDHA

BENGALURU-560001.

2

2. THE KARNATAKA LOKAYUKTA

REPRESENTED BY ITS REGISTRAR

M S BUILDINGS

BENGALURU-560001.

...RESPONDENTS

(BY SRI B RAJENDRA PRASAD, HCGP FOR R1;

SRI V S ARABATTI, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF CONSTITUTION OF INDIA PRAYING TO 1. ISSUE A WRIT

IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER

DATED

20.07.2021

IN

APPLICATION

NO.692/2021

(VIDE

ANNEXURE-B)

PASSED

BY

THE

KARNATAKA

STATE

ADMINISTRATIVE TRIBUNAL, BENGALURU. 2. CONSEQUENTLY

ALLOW THE APPLICATION FILED BY THE PETITIONER BEFORE

THE

KARNATAKA

STATE

ADMINISTRATIVE

TRIBUNAL,

BENGALURU IN APPLICATION NO.692/2021. 3. PASS SUCH

OTHER

ORDERS

AS

DEEMED

FIT

IN

THE

FACTS

AND

CIRCUMSTANCES OF THE CASE.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING, INDIRESH J., MADE THE FOLLOWING:

O R D E R

This writ petition is filed assailing the order dated 20^th July,

2021 passed in Application No.692 of 2021 by the Karnataka

State Administrative Tribunal, Bengaluru (8Tribunal9 for short),

dismissing the Application.

2. For the sake of convenience, parties in this petition are

referred to with respect to their status before the Tribunal.

3

3. It is the case of the Applicant that the, Applicant

belongs to the Public Works Department and he was posted to

the Karnataka Residential Educational Institutions Society

(8KREIS9 for short) which is established under the first

respondent-Department by notification dated 03^rd August, 2017

and thereafter, he was placed at the disposal of the Water

Resources Department as per Notification dated 20^th April, 2018.

It is further stated that, after taking charge at KREIS, he noticed

that his predecessors had taken up construction of Kittur Rani

Chennamma Residential School and Girls Hostel at Munnenahalli,

K.R.Pet Taluk, Mandya District and majority of the work was

completed. However, one Sri Veerabhadra (Advocate) lodged

complaint to the second respondent herein on 03^rd October,

2017 against one Jagadeesh, Assistant Executive Engineer,

Mukkanna Naik, Executive Engineer (Applicant), Sannachittaiah,

Superintendent Engineer, and V. Doddappa, Executive Director,

Karnataka Residential Education Society Sangha, alleging that

the construction work was of sub-standard and pursuant to the

same, the second respondent sought explanation from the

Applicant and others. Reply was filed by the Applicant and

4

pursuant to the same, the compliant came to be closed as per

Preliminary Scrutiny Note dated 03^rd February, 2018 (Annexure-

A9) by the second respondent. It is further stated that the

second respondent, by letter dated 27^th November, 2018

(Annexure-A10) has issued notice to Applicant and others

seeking explanation to take action under Section 12(3) of

Karnataka Lokayukta Act and pursuant to the same, the

Applicant

filed

detailed

reply

dated

28^th

January,

2019

(Annexure-A11). Being not satisfied with the explanation made

by the Applicant, the second respondent conducted investigation

and prima facie found 'misconduct' as per Rule 3(1)(i)(ii) and

(iii) of Karnataka Civil Service (Conduct) Rules, 1966 and

recommended to the Competent Authority-Government to

initiate disciplinary proceedings against the applicant an