CAV ORDER

The petitioners are before this Court calling in question the proceedings in Special Case No.174 of 2022 registered by the 1^st respondent-Lokayuktha for offences punishable under Sections 465, 468, 466, 409, 417, 34, 471, 474, 420, 201 of the IPC and Section13(1)(c)(d)(i)(ii)(iii) of P.C.Act, 1988.

2. Facts in brief germane are as follows:

2.1. Petitioners, at the relevant point in time, were working as Secretary Grade-I Grade-II and Panchayath Development Officers in different Gram Panchayaths. Based on certain allegations, the Government, in terms of its order dated 09-09-2014, directed the Karnatka Lokayuktha to conduct investigation and submit report regarding misappropriation and certain irregularities in relation to implementation of kits and boards under the Mahatma Gandhi National Rural Employment Guarantee Scheme (hereinafter referred to as ‘the scheme’ for short). Based upon the said Government Order, a crime comes to be registered in Crime No.9 of 2014 by the Lokayukta Police against several unknown persons. The police conduct investigation and file a charge sheet in Special Case 174 of 2022 against 72 persons who were working in different capacities in different Gram Panchayaths. The petitioners are arrayed as accused Nos.9, 20, 33, 40, 42, 46, 59 and all the petitioners were working in Chamarajnagara District and the allegation against them were also with regard to purchase of kits and boards under the scheme. The offences alleged while filing the charge sheet were the ones punishable under Sections 409, 417 and 34 of the IPC. On submission of the charge sheet cognizance is taken by the concerned Court against these petitioners along with others. The matter is pending before the concerned Court.

2.2. Contemporaneously, disciplinary proceedings were instituted against these petitioners and several others, on the same set of facts. The Enquiry Officer so appointed to hold a departmental enquiry against these petitioners, exonerates them of the charges in the departmental enquiry in terms of his report dated 17-04-2018. Long after the permission so granted by the Government, the Government again by an order dated 28-03-2023 orders withdrawal of all proceedings and investigations pending and conducted by the Lokayukta in terms of the order dated 09-09-2014. Therefore, the order that stood for 9 years is withdrawn. The petitioners, on two circumstances, are now before this Court, calling in question the pendency of the criminal proceedings one, on the ground that they are exonerated in the departmental enquiry and the other being, the withdrawal of the Government Order itself which permitted registration of a crime against these persons among others.

3. Heard Sri K Ravishankar, learned counsel appearing for petitioner and Sri B S Prasad, learned counsel appearing for respondent No.1.

4. The learned counsel Sri K Ravishankar appearing for the petitioners would vehemently contend that once the petitioners have been exonerated in the departmental enquiry on the same set of facts, criminal proceedings cannot be permitted to be continued.He would take this Court through the opinion of the Lokayuktha as well, that the proceedings against these petitioners must not continue.

5. Per-contra, the learned counsel Sri B S Prasad representing the 1^st respondent/Lokayuktha would submit that the petitioners are not exonerated pursuant to a regular departmental enquiry. No evidence is recorded while exonerating the petitioners. Therefore, he would submit that criminal proceedings cannot be quashed on the said score. He would submit that it is for the petitioners to come out clean in a full blown trial.

6. I have given my anxious consideration to the submissions made by the learned counsel for the respective parties and have perused the material on record.

7. The afore-narrated facts are not in dispute. The narration in the petition must begin from the Government Order which permitted enquiry and investigation against several employee