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2025 Supreme(Online)(Kar) 29557

KARNATAKA HIGH COURT
S.G.PANDIT, J
SMT. U.R. RAMA – Appellant
Versus
THE STATE OF KARNATAKA DEPARTMENT OF EDUCATION – Respondent


Advocates:
For the Appellants/Petitioners: SRI. SATISH K.
For the Respondents: SMT. PRATHIBHA R.K., SRI VENKATESH ARABATTI

Table of Content
1. jurisdictional issue regarding disciplinary inquiry against the petitioner. (Para 2 , 10)
2. arguments regarding the legitimacy of state intervention. (Para 4 , 6 , 7)
3. court's reasoning on the lack of jurisdiction for state to refer the case. (Para 9 , 14)

CAV ORDER

2. Brief facts of the case are that, one Sri.S.Nagaraju, retired Second Division Assistant (SDA) of Viveka Vardhini High School filed a complaint before the second respondent against the petitioner as well as Block Education Officer, Deputy Director of Public Instructions and the Secretary of Viveka Vardhini High School alleging non-settlement of his pensionary benefits intentionally by misusing their official position by way of corrupt practice. On investigation, the second respondent submitted report under Section 12(3) of the Karnataka Lokayukta Act, 1984 (for short, ‘1984 Act’) dated 31.01.2017 to the first respondent State Government. Considering the said report, the first respondent-State Government under impugned order dated 10.01.2019 (Annexure-L), entrusted the enquiry against the petitioner under Rule 214(2)(b) of KCSRs read with Section 101 of 1983 Act and Rule 14A of CCA Rules to the 2nd

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