SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Kar) 39060

THE HIGH COURT OF KARNATAKA
B M SHYAM PRASAD AND T.M.NADAF
KARNATAKA LOKAYUKTA – Appellant
Versus
SRI K NAGARAJU – Respondent
WP 33930/2024



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 33930 OF 2024 (S-KSAT)

BETWEEN:

KARNATAKA LOKAYUKTA REPRESENTED BY ITS REGISTRAR M S BUILDING, BENGALURU - 560 001 …PETITIONER (BY SRI. MALLIKARJUN REDDY K S., ADVOCATE)

AND:

1. SRI K NAGARAJU S/O KALEGOWDA AGED ABOUT 69 YEARS RETIRED GRADE-I, SECRETARY Digitally BAGIWALU GRAMA PANCHAYATH signed by HOLENARASIPURA TALUK REKHA R HASSAN DISTRICT – 573 211 Location:

RESIDING AT KONGALABIDU KOPPALU High Court HOLENARASIPURA TALUK & POST of Karnataka HASSAN DISTRICT - 573 211

2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT M S BUILDING, BENGALURU - 560 001 …RESPONDENTS (BY SRI. VIKAS ROJIPURA., AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION IN THE NATURE OF A WRIT THEREBY QUASHING THE ORDER DATED 11.07.2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION No.4348/2023, AS PER ANNEXURE-C; b) AWARD THE COST OF THIS WRIT PETITION AND c) PASS ANY OTHER ORDER DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF

ORAL ORDER

(PER: HON'BLE MR. JUSTICE T.M.NADAF)

This writ petition is filed under Articles-226 and

227 of the Constitution of India, by the Registrar, Karnataka Lokayukta, Bengaluru, calling in question the order dated 11.07.2024, in Application No.4348/2023, passed by the Karnataka State Administrative Tribunal at Bangalore (‘Tribunal’ for short). By this order dated 11.07.2024, the Tribunal has allowed the application filed by the contesting first respondent, setting aside the order impugned dated 18.04.2022, vide Annexure-C, passed by the petitioner. Further, directing the respondent- Government to pay all consequential benefits including financial benefits to the applicant to which he is legally entitled to, in a time bound manner. 2. The parties are referred to as per their ranking before the Tribunal.

3. Shorn of details, facts germane to leading to filing of the present petition are as under:

One Sri.K.T.Gurumurthy lodged a complaint before the Lokayukta alleging that the applicant had demanded illegal gratification of Rs.3,000/- in connection with installing of water pipelines to the house of Moganna. The Lokayukta Police registered a Crime No.11/2011 for the offence punishable under Sections-7, 13(1)(d) read with Section-13(2) of Prevention of Corruption Act, 1988 (for short ‘PC Act’). A trap was conducted, during which a sum of Rs.2,000/- was recovered from the possession of the appellant. Pursuant to the investigation, Lokayukta submitted a report under Section–12(3) of Karnataka Lokayukta Act, 1984 (‘1984 Act’ for short) recommending departmental enquiry against the applicant and seeking entrustment of the same. The Government acting under Section–12(4) of the Act 1984 entrusted the enquiry under Rule-14 of Karnataka Civil Services (CC & A) Rules, 1957 (‘CCA Rules’ for short). Based on the entrustment, the Additional Registrar Enquiry-III was appointed as Enquiry Officer. The Enquiry Officer issued the articles of charges on 19.12.2013 against the applicant. In the meanwhile, the Lokayukta Police having completed investigation filed charge-sheet before the Sessions Court which came to be numbered as Special Case No.11/2013. The Sessions Court after conducting full fledged trial vide judgment dated 07.08.2020 acquitted the applicant of the offences charged, on the premise that the prosecution has failed to prove beyond reasonable doubt that the accused had demanded and accepted bribe amount from the complainant.

4. In the enquiry, the complainant was

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top