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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JULY, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY

WRIT PETITION NO.40567 OF 2018 (S-KAT)

BETWEEN:

THE KARNATAKA LOKAYUKTA

REPRESENTED BY ITS REGISTRAR,

M.S. BUILDINGS,

BENGALURU-560 001.

…PETITIONER

(BY SMT. A.D.VIJAYA, ADVOCATE)

AND:

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SRI. D. A. KAMBLE

S/O. ATMARAM,

AGED ABOUT 56 YEARS,

WORKING AS ASSISTANT DIRECTOR OF LAND RECORDS,

O/O. TAHASILDAR, MANVI,

DIST: RAICHUR.

2.

THE STATE OF KARNATAKA

BY ITS PRINCIPAL SECRETARY,

REVENUE DEPARTMENT,

M.S. BUILDING,

BENGALURU-560 001.

… RESPONDENTS

(BY SRI. B.RAJENDRAPRASAD, HIGH COURT GOVERNMENT

PLEADER)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED ORDER PASSED BY THE HON'BLE KARNATAKA

STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.

11508/2016 DATED 11/10/2017 VIDE ANNEXURE-C AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS THIS

DAY, NATARAJ RANGASWAMY. J., MADE THE FOLLOWING:

O R D E R

This petition is filed by the Lokayukta challenging the

order dated 11.10.2017 passed by the Karnataka State

Administrative Tribunal, Bengaluru (hereinafter referred to

as 'the Tribunal' for short) in Application No.11508/2016.

The Tribunal quashed the order of entrustment of enquiry

under

Rule

14

of

the

Karnataka

Civil

Services

(Classification,

Control

and

Appeal)

Rules,

1957

(hereinafter referred to as 'KCS (CC & A) Rules, 1957' for

short) as well as the appointment of an Enquiry Officer by

the Lokayukta and the articles of charge that was issued.

2.

The application filed before the Tribunal

discloses that the respondent was working as an Assistant

Director of Land Records, City Survey, Belgaum in the year

2013. At that juncture, a person named Bhagavantha

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Ramachandran Anchi had submitted an application to the

City Survey Officer, Belgaum Division requesting to enter

his name in the City Survey Records in respect of Plot

No.40-B (New No.46, RS.No.698) in Rajaram Nagar,

Udyambhag, Majagaon Belgaum as he had purchased said

property on 04.09.1998 in terms of a sale deed. He had

also enclosed a copy of the sale deed dated 04.09.1998. It

is alleged that after the receipt of the application on

07.10.2013, the City Surveyor issued a notice 21.11.2013

to the complainant to furnish five additional documents.

On 29.11.2013, an endorsement was issued to the

complainant by the respondent stating that the action

would be taken on his request only after the submission of

requisite documents as mentioned above. The complainant

instead

of

submitting

the

documents filed

another

representation to the City Survey Officer on 06.06.2015

requesting to enter his name in the City Survey records.

Later, another endorsement dated 11.06.2015 was issued

informing the complainant that action would be taken only

after the submission of the requisite documents. Later, the

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complainant lodged a written complaint with Lokayukta on

07.08.2015. On receipt of the complaint, a notice was

issued to the respondent on 03.12.2015 seeking his

explanation. On 18.01.2016, the respondent submitted a

detailed explanation to the Upa-Lokayukta. The Upa-

Lokayukta

without

considering

the

representation

submitted a report under Section 12(3) of the Lokayukta

Act,

the

Government

recommending

initiation

of

departmental enquiry. The Government accepted the

report and passed an order dated 24.08.2016 entrusting

the departmental enquiry to the Lokayukta as per rule

14(A) of the 'KCS (CC & A) Rules, 1957'. The respondent

contended that there was no allegation of misconduct by

the respondent and that

the

respondent

was not

complacent in any manner but had only called upon the

complainant to produce additional documents to e