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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 8^TH DAY OF JUNE 2021

PRESENT

THE HON’BLE MR.JUSTICE S.G.PANDIT

AND

THE HON’BLE MR.JUSTICE M.G.S.KAMAL

WRIT PETITION NO.226053/2020 (S-KAT)

Between:

Smt. S. Asha

W/o Sri Prashant V. Gudamatti

Aged about: 34 years

Occ: Panchayat Development Officer

Working at Tilagola Grama Panchayath

Office of Tilagola Grama Panchayath,

Sindhanur, Tq. Sindhanur

Dist: Raichur

... Petitioner

(By Sri B.K. Hiremath, Advocate)

And:

1.

The State of Karnataka

Represented by its Principal Secretary

to Government of Karnataka

Rural Development and

Panchayatraj Department

Vikasa Soudha

Bengaluru-560 001

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2.

Karnataka Lokayukta

By its Registrar

Office of Karnataka Lokayukta

M.S. Building

Bangalore-560 001

... Respondents

(By Smt. Archana P. Tiwari, AGA for R1;

Sri Subhash Mallapur, Spl.PP for R2)

This Writ Petition is filed under Articles 226 and 227

of the Constitution of India, praying to issue a writ of

certiorari quashing the impugned order passed by Karnataka

State

Administrative

Tribunal

Kalaburagi

Bench

in

Application No.6860/2017 dated 05.03.2020 vide Annexure-

C and the writ petition is to be allowed and impugned order

passed by the respondent No.1 be quashed vide Annexure-

A5 in File No.GrAapa 208 visebi 2017, Bengaluru dated

29.08.2017 before court below (KSAT) and proceedings

initiated by the respondents be dropped against petitioner.

This petition coming on for preliminary hearing in 'B'

Group this day, S.G.Pandit, J., made the following:

ORDER

The petitioner, questioning the correctness of the

order dated 05.03.2020 in Application No.6860/2017

passed by the Karnataka State Administrative Tribunal

at Kalaburagi (for short the 'Tribunal') rejecting the

prayer of the petitioner to quash the impugned order

dated 29.08.2017 entrusting the enquiry against the

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petitioner to the Upalokayukta under Rule 14A of the

KCS (CCA) Rules, 1957.

2. The petitioner is working as Panchayat

Development Officer at Tilagola Grama Panchayat,

Sindhanoor taluk, Raichur

District. There was

complaint with regard to misappropriation of money in

respect of removing mud from nala under MNGREGA

Scheme to the Karnataka Lokayukta. The Karnataka

Lokayuka conducted investigation and submitted its

report under Section 12 (3) of the Karnataka Lokayukta

Act, 1984 (for short the 'Lokayuka Act'), The first

respondent - Government, considering Section 12(3)

report, under impugned order dated 29.08.2017,

entrusted the enquiry to Upalokayukta under Rule 14A

of CCA Rules. Challenging the entrustment of enquiry

to

Upalokayukta,

the

petitioner

approached

the

Tribunal. The Tribunal, after hearing both sides, by its

order dated 05.03.2020 rejected the application of the

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petitioner holding that there is no merit in the

application and respondent - Government has taken

decision after applying its mind to the material on

record. Hence, the petitioner is before this Court.

3. Heard the learned counsel for the petitioner Sri

B.K. Hiremath, learned AGA Smt. Archana P. Tiwari, for

respondent No.1 and Sri Subhash Mallapur, learned

counsel for respondent No.2 - Lokayukta.

4. Learned counsel for the petitioner would

submit that the petitioner has not committed any

misconduct

nor

she

has

committed

any

misappropriation in respect of payment wages to the

labourers

under

the

MGNERGA

Scheme.

The

respondent - Government failed to notice that there is

no misappropriation nor misconduct on the part of the

petitioner while entrusting the enquiry to Upalokayukta

under the impugned order. Further, he submits that

the Tribunal has also failed to examine as to whether

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the petitioner has committed any misconduct or

misappropriation as alleged. The impugned order of

entrustment of enquiry to Upalokayukta is the result of

total

non-application

of

mind,

which

calls

for

interference by