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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF FEBRUARY, 2021

PRESENT

THE HON’BLE MR. JUSTICE ARAVIND KUMAR

AND

THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR

W.P.NO.45767/2018 (GM-KLA)

BETWEEN:

1.

SMT. AMBIKA S

D/O SHIVANANJAPPA N.S

AGED ABOUT 51 YEARS

ASSISTANT DIRECTOR (CORPORATION)

O/O THE DIRECTORATE OF MUNICIPAL

ADMINISTRATION, V.V. TOWER

BENGALURU - 560 001.

2.

SRI. ANAND C. KALLOLIKAR

S/O CHIDANDA

AGED ABOUT 47 YEARS

CHIEF OFFICER, (UNDER ORDERS

OF COMPULSORY WAITING

URBAN DEVELOPMENT

DEPARTMENT, VIKAS SOUDHA

BENGALURU - 560 001.

3.

SRI. RAVIKUMAR J.K

S/O KRISHNAPPA

AGED ABOUT 38 YEARS

ENVIRONMENT ENGINEER (GRADE-I)

DIRECTORATE OF MUNICIPAL

ADMINISTRATION, (UNDER ORDERS OF

COMPULSORY WAITING)

VIKAS SOUDHA, BENGALURU - 560 001.

...PETITIONERS

(BY SRI. VIJAYAKUMAR BAJENTRI -

2

B.B. BAJENTRI ASSOCIATES, ADVOCATE)

AND:

1 .

THE STATE OF KARNATAKA

REP BY ITS PRINCIPAL SECRETARY

URBAN DEVELOPMENT DEPARTMENT

VIKAS SOUDHA, BENGALURU - 560 001.

2 .

THE DIRECTOR

DEPARTMENT OF MUNICIPAL

ADMINISTRATION, 9TH FLOOR

V.V. TOWER, DR. AMBEDKAR

VEEDHI, BENGALURU - 560 001.

3 .

THE KARNATAKA UPA-LOKAYUKTA

REPRESENTED BY ITS REGISTRAR

M.S. BUILDING, DR. AMBEDKAR

VEEDHI, BENGALURU - 560 001.

4 .

THE ADDITIONAL REGISTRAR OF

ENQUIRY-12, KARNATAKA

LOKAYUKTA, M.S. BUILDING

DR. AMBEDKAR VEEDHI

BENGALURU - 560 001.

…RESPONDENTS

(BY SRI. N. BALAJI, AGA FOR R-1 & R-2;

SRI. VENKATESH S. ARABATTI, ADVOCATE

FOR R-3 & R-4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL

FOR RECORDS RELATING TO (A) REPORT UNDER SECTION

12(3)

OF

THE

KARNATAKA

LOKAYUKTA

ACT

DATED:07.04.2017 ISSUED BY R-3 VIDE ANNEXURE-F(B)

IMPUGNED

ENTRUSTMENT

OF

ENQUIRY

DATED

04.10.2017 ISSUED BY R-1 VIDE ANNEXURE-G, (C)

IMPUGNED ARTICLES OF CHARGES DATED:14.09.2018

ISSUED BY R-4 VIDE ANNEXURE-L AFTER PERUSAL SET

ASIDE THE SAME.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

ARAVIND KUMAR J, MADE THE FOLLOWING:

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O R D E R

Petitioners who have been facing the departmental

proceedings have laid a challenge to the same before this

Court namely they have sought for quashing of report

forwarded by the third respondent to first respondent

under Section 12(3) of the Karnataka Lokayukta Act,

1984 (for short 'Act') on 07.04.2017 (Annexure-F) and

consequential entrustment of enquiry by first respondent

to

third

respondent

by

order

dated

04.10.2020

(Annexure-G), which has resulted in Articles of Charges

dated 14.09.2018 (Annexure-L) being issued to the

petitioners.

2.

We have heard the arguments of Sri.Vijay

Kumar

Bajentri,

learned

counsel

appearing

for

petitioners, Sri. N.Balaji, learned AGA appearing for

respondent Nos.1 and 2 and Sri.Venkatesh S. Arbatti,

learned Standing Counsel appearing for respondent

Nos.3 and 4. Perused the records.

3.

A complaint came to be made by one

Sri.Suresh alleging certain irregularities in the works

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while petitioners were working at Hosakote Town

Municipal Council during the year 2013-14 before third

respondent. Said complaint came to be forwarded by the

third

respondent

to

petitioners

calling

for

their

objections/comments and on submission of their replies,

reports under Section 12(1) and 12(3) of the Act came to

be issued. Based on the report forwarded under Section

12(3) of the Act, first respondent under Section 12(4) of

the Act has entrusted the conduct of enquiry against

petitioners by order dated 04.10.2017 i.e., thereafter

Articles of Charges came to be issued to petitioners. On

the basis of report forwarded under Section 12(1) of the

Act, investigation is said to have been conducted and a

report dated 02.07.2019 (Annexure-P) was forwarded to

the Planning Director, Bengaluru Rural District, by the

Accounts

Superintendent,

City

Municipal

Council,

Do