Case Note & Summary
The petitioner, the Registrar of Karnataka Lokayukta, filed a writ petition under Article 226 of the Constitution of India challenging a Government Order dated 20.03.2019 passed by the Principal Secretary to Government, DPAR, Bengaluru (Respondent No.1). The impugned order declined to entrust an enquiry sought by the Lokayukta against Respondent No.2, Smt. Girija Devi, Deputy Director of Karnataka Food and Civil Supplies and Consumer Affairs Department, Kolar. The facts reveal that on 21.10.2014, Respondent No.2 called a meeting at her office in Kolar, attended by Sri Nanjundaswamy, Sri Raju, and Sri K.V. Narayanaswamy, all Godown Managers. During the meeting, Lokayukta sleuths conducted a search and found that Respondent No.2 was in possession of Rs.9,700/-, Sri Nanjundaswamy Rs.24,500/-, Sri Raju Rs.26,000/-, and Sri K.V. Narayanaswamy Rs.10,100/-. The Lokayukta alleged that proper explanations for possessing these amounts were not rendered. The Lokayukta sought to entrust an enquiry against Respondent No.2, but the State Government, through the impugned order, declined the entrustment. The legal issue was whether the State Government could decline to entrust an enquiry to the Lokayukta under Section 14(3) of the Karnataka Lokayukta Act, 1984. The petitioner argued that Section 14(3) is mandatory and the government has no discretion to refuse once a complaint is made. The respondents contended that the government has the power to decline. The court analyzed Section 14(3) and held that the provision is mandatory, and the Lokayukta has an independent power to investigate corruption cases without prior government sanction. The court quashed the Government Order dated 20.03.2019 and directed the government to entrust the enquiry to the Lokayukta within a specified period.
Headnote
A) Constitutional Law - Lokayukta - Power to Investigate - Section 14(3) of Karnataka Lokayukta Act, 1984 - The court held that the State Government cannot refuse to entrust an enquiry to the Lokayukta once a complaint is made, as Section 14(3) is mandatory and the Lokayukta has an independent power to investigate corruption cases without prior government sanction. (Paras 1-10) B) Administrative Law - Government Order - Quashing of - The court quashed the Government Order dated 20.03.2019 which declined to entrust the enquiry to the Lokayukta, holding that the order was without jurisdiction and contrary to the provisions of the Karnataka Lokayukta Act, 1984. (Paras 1-10)
Issue of Consideration
Whether the State Government can decline to entrust an enquiry to the Lokayukta under Section 14(3) of the Karnataka Lokayukta Act, 1984, after a complaint has been made against a public servant?
Final Decision
The court quashed the Government Order dated 20.03.2019 and directed the government to entrust the enquiry to the Lokayukta within a specified period.
Law Points
- Lokayukta's power to investigate corruption cases is independent of government consent under Section 14(3) of Karnataka Lokayukta Act
- 1984
- Government cannot decline entrustment of enquiry to Lokayukta once a complaint is made
- Section 14(3) is a mandatory provision
