IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 28262 OF 2023 (GM-KLA)

BETWEEN:

SRI RAVIKUMAR R S/O RANGASWAMY AGED ABOUT 43 YEARS SENIOR LABOUR INSPECTOR CIRCLE-39, BENGALURU RESIDING AT NO. 120, 1^ST MAIN ROAD, KEMPE GOWDA LAYOUT LAGGERE, BENGALURU 560 058 …PETITIONER Digitally signed by PANKAJA S (BY SRI. VIJAYA RAGHAVA SARATHY H.M, ADVOCATE)

Location: HIGH COURT OF KARNATAKA AND:

1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY VIKAS SOUDHA BENGALURU-560 001 2. THE LOKAYUKTA REP BY ITS REGISTRAR M.S. BUILDING BENGALURU-560 001

3. THE COMMISSIONER DEPARTMENT OF LABOUR KARMIKA BHAVAN BANNERGHATTA ROAD BENGALURU-560 029 …RESPONDENTS (BY SRI. MANJUNATH B. AGA FOR R1 & R3, SRI. VENKATESH S ARABATTI, ADVOCATE FOR R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT ORDER OR DIRECTIONS IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED REPORT SUBMITTED BY THE 2ND RESPONDENT LOKAYUKTA BEARING NO.COMPLIANT/UPA-LOKA/MYS/1614/2022, MANDANADHIKARI SHAKE. ARE-18, DATED 27/10/2022 (ANNEXURE-A) AND THE IMPUGNED ORDER OF ENTRUSTMENT AS PER GOVERNMENT ORDER NO.KA.E 651 LET 2022, 06/07/2023 (ANNEXURE-B) ISSUED BY THE 1ST RESPONDENT AND CONSEQUENTLY THE ARTICLE OF CHARGES BEARING NO.UPA-LOKA-1/DE/132/2023/A.Ne.Ve-7, DATED 31/08/2023 (ANNEXURE-C) ISSUED BY THE 2ND RESPONDENT ARE PER SE ILLEGAL AND IN OPERATIVE.

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

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

(PER: HON'BLE MR. JUSTICE RAJESH RAI K)

The petitioner in this Writ Petition has sought the following relief:

"Issue an appropriate writ order or directions in the nature of certiorari quashing the impugned report submitted by the 2^nd Respondent Lokayukta bearing No. Complaint/Upa- Loka/MYS/1614/2022, Mandanadhikari Shake. ARE-18, dated.27.10.2022 (Annexure:-A) and the impugned order of entrustment as per Govt. Order No. Ka.E 651 LET 2022, 06-07-2023 (Annexure:-B) issued by the 1^st Respondent and consequently the Article of Charges bearing No. Upa-Loka-1/DE/132/2023/A.Ne.Ve-7, dated. 31-08-2023 (Annexure:-C) issued by the 2nd Respondent are per se illegal and in operative in the interest of justice and equity."

2. It is the case of the petitioner that respondent No.2 - Lokayuktha submitted a report under Section 12(3) of the Karnataka Lokayukta Act, 1984 (for brevity, “1984 Act”)

to respondent No.1 seeking for entrustment of disciplinary proceedings against the petitioner on the allegation that the petitioner was holding unaccounted amount of Rs.18,300/- by indulging in illegal activities and thus, alleged the said action of the petitioner amounts to dereliction of duty. It is further alleged in the report that when the petitioner was discharging his duties as Labour Inspector, Circle-1 in the Labour Office, Udupi at Rajathadari, Manipal, in order to issue fresh license/renewal of license for shops and commercial establishments has received bribe from the applicants who have submitted applications for the same. Based on the credible information, the concerned Superintendent of Police of Lokayuktha, Udupi has registered case in Crime No.7/2014 under Section 7 and 13(1)(d) of Prevention of Corruption Act, 1988 (for brevity “1988 Act”) and recovered a sum of Rs.18,300/- from the petitioner. Thereafter, a report has been forwarded by the Investigating Officer and charge sheet has been filed against the petitioner. However, after perusal of the report, the Disciplinary Authority, who being the Sanctioning Authority, has refused to accord sanction to prosecute the petitioner vide order dated 09.11.2015. The Investigating Officer, having not satisfied with the rejection order, has once again sought for review of the order passed by the Sanctioning Authority and requested to accord sanction