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SHRI H C PRABHU KUMAR – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 29345/2019
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.29345/2019 (S - RES)
BETWEEN
SHRI.H.C.PRABHU KUMAR,
S/O H.M.CHIDANANDAIAH,
AGE: 54 YEARS,
ASSISTANT ENGINEER,
KARNATAKA RURAL INFRASTRUCTURE
DEVELOMENT LIMITED,
SUB 3 DIVISION OFFICE,
HONNALI, DAVANAGERE,
DAVANGERE DISTRICT 3 572 101.
... PETITIONER
[BY SRI.VIJAYA KUMAR, ADVOCATE
(VIDEO CONFERENCING)]
AND
1.
STATE OF KARNATAKA,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
RURAL DEVELOPMENT & PANCHAYATRAJ
DEPARTMENT, VIDHANA SOUDHA,
BANGALORE 3 560 001.
2.
MANAGING DIRECTOR,
KARNATAKA RURAL INFRASTRUCTURE
DEVELOPMENT, GRAMEENABHIVRUDDHI
BHAVAN, 4TH AND 5TH FLOOR,
2
ANANDRAO CIRCLE,
BANGALORE 3 560 009.
3.
KARNATAKA LOKAYUKTA,
REPRESENTED BY ITS REGISTRAR,
M.S.BUILDING,
DR.B.R.AMBEDKAR VEEDHI,
BANGALORE 3 560 001.
4.
ADDITIONAL REGISTRAR OF
ENQUIRIES 3 10,
KARNATAKA LOKAYUKTA,
M.S.BUILDING,
DR.B.R.AMBEDKAR VEEDHI,
BANGALORE 3 560 001.
... RESPONDENTS
[BY SMT.M.C.NAGASHREE, AGA FOR R1;
SRI.PAVAN KUMAR, ADVOCATE FOR
SRI.H.DEVENDRAPPA, ADVOCATE FOR R2;
SRI.A.D.VIJAYA KUMAR, ADVOCATE FOR R3 AND R4
(VIDEO CONFERENCING)]
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE RECORDS RELATING TO ISSUE OF THE IMPUGNED
ENTRUSTMENT OF ENQUIRY ORDER DATED 07.12.2018
OF THE R-2 [VIDE ANNEXURE 3 J] AND THE ARTICLES OF
CHARGES DATED 23.04.2019 ISSUED BY THE R-4 VIDE
ANNEXURE 3 K AND AFTER PERUSAL SET ASIDE THE
SAME AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
Both the learned counsel would submit that the
issue in the writ petition stands covered by an order
passed in W.P.No.8374/2019 disposed on 11.12.2020,
wherein this Court has held as follows:
<10.
In
furtherance
whereof,
the
question that arises for my consideration is,
<Whether the Corporation was well within
its power to entrust the enquiry to the hands of
the Lokayukta in terms of the Rules?=
11. To consider the said question, it is
germane
to
notice
the
genesis
of
the
Corporation.
Karnataka
Land
Army
Corporation was incorporated as a Limited
Company under the Companies Act, 1956 on
August the 8th, 1974 mainly to undertake and
carry out rural development work entrusted to
it
by
the
Government,
Government
Departments,
Local
Bodies,
Public
4
Undertakings, Institutions, individuals etc., The
Corporation when it was formed depended
mainly
on
staff
drawn
from
different
departments of the Government on deputation.
Since the service conditions of employees who
were brought on deputation were governed by
the Karnataka Civil Service Rules of the
Government and owing to the fact that a few
of them who were on deputation were
absorbed into the regular service of the
Corporation as also recruitment of staff being
made at various levels, need arose to frame its
own Cadre and Recruitment Rules. Till the
framing of such Rules, a Resolution came to be
passed by the Corporation adopting specific
Rules obtaining in the State Government by
its Resolution, which reads as follows:
<Subject No.2: Adopting K.C.S.Rules
1958 and Allied Rules by KLAC.
5
KLAC has framed separate service
Rules for the employees which have been
adopted by the Board in its Ist meeting held
on 26-8-1974. These Rules came to effect
from 9-8-1974, but the same have not been
approved by the Government. When the
existing Rules are not self explanatory
and
do
not
provide
for
various
contingencies arising in day 3to-day
administration, as it is, the KLAC is now
following various provisions of KCSR
(KCSR) 1958 and its allied Rules such as
the
Probation
Rules
of
1977,
KCS(Seniority)
Rules
1957
KCS
(Confidential
Reports),
Rules,
1976
KCS(Conduct)
Rules
1966,
KCS
(Recruitment to Ministorial St
