Case Note & Summary
The petitioner, Sri T.R. Raghunath, was employed as a Junior Engineer on a daily wage basis by the Department of Municipal Administration, Town Panchayat, Koratagere, from 1996. His services were never regularized. On 30.09.2014, a complaint was lodged before the City Corporation, Tumkur, alleging that one Lakshmaiah had constructed a building without sanction and without leaving setbacks. The petitioner was the Junior Engineer in charge of that ward. The Karnataka Lokayukta initiated an enquiry against the petitioner. The petitioner challenged the enquiry before the Karnataka State Administrative Tribunal, which dismissed his application. He then filed a writ petition under Articles 226 and 227 of the Constitution. The High Court held that the petitioner, being a daily wage employee, was not a 'public servant' as defined under Section 2(12) of the Karnataka Lokayukta Act, 1984, which requires the person to be a government servant or holder of a civil post. Since the petitioner was neither, the Lokayukta had no jurisdiction to conduct the enquiry. The court allowed the petition, quashed the impugned order of the Tribunal, and set aside the enquiry proceedings.
Headnote
A) Administrative Law - Lokayukta Jurisdiction - Definition of Public Servant - Section 2(12), 9, 12 of Karnataka Lokayukta Act, 1984 - The petitioner, a daily wage Junior Engineer, was not a 'public servant' under the Act as he was not a government servant or holder of a civil post - Held that the Lokayukta lacked jurisdiction to conduct enquiry against a daily wage employee (Paras 2-6).
Issue of Consideration
Whether the enquiry directed against the petitioner and conducted by respondent No.2 (Karnataka Lokayukta) is without jurisdiction?
Final Decision
The writ petition is allowed. The impugned order dated 26.08.2022 passed by the Karnataka State Administrative Tribunal in Application No.580/2020 is quashed. Consequently, the enquiry proceedings initiated by respondent No.2 (Karnataka Lokayukta) against the petitioner are set aside.
Law Points
- Lokayukta jurisdiction
- public servant definition
- daily wage employee
- Karnataka Lokayukta Act
- 1984
- Section 2(12)
- Section 9
- Section 12
Case Details
2022 LawText (KAR) (09) 26
W.P No.18180 OF 2022 (S-KSAT)
Satish K (for petitioner), B. Rajendra Prasad (HCGP for respondent No.1)
The State of Karnataka, Department of Urban Development; The Karnataka Lokayuktha
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Nature of Litigation
Writ petition challenging the order of Karnataka State Administrative Tribunal dismissing the petitioner's application against Lokayukta enquiry.
Remedy Sought
Petitioner sought quashing of the Lokayukta enquiry proceedings and the Tribunal's order.
Filing Reason
Petitioner contended that the Lokayukta enquiry was without jurisdiction as he was a daily wage employee and not a 'public servant' under the Karnataka Lokayukta Act, 1984.
Previous Decisions
The Karnataka State Administrative Tribunal dismissed the petitioner's application No.580/2020 on 26.08.2022.
Issues
Whether the Lokayukta has jurisdiction to conduct an enquiry against a daily wage employee who is not a 'public servant' under the Karnataka Lokayukta Act, 1984?
Submissions/Arguments
Petitioner argued that he was a daily wage employee, not a government servant or holder of a civil post, and thus not a 'public servant' under Section 2(12) of the Karnataka Lokayukta Act, 1984, making the enquiry without jurisdiction.
Respondent No.1 (State) was represented by HCGP but no specific arguments are recorded in the judgment.
Ratio Decidendi
A daily wage employee who is not a government servant or holder of a civil post is not a 'public servant' within the meaning of Section 2(12) of the Karnataka Lokayukta Act, 1984, and therefore the Lokayukta has no jurisdiction to conduct an enquiry against such an employee.
Judgment Excerpts
The short question that arises for consideration is whether the enquiry directed against the petitioner and conducted by respondent No.2 is without jurisdiction?
The petitioner is a daily wage employee and not a government servant or holder of a civil post. Therefore, he is not a 'public servant' within the meaning of Section 2(12) of the Karnataka Lokayukta Act, 1984.
The Lokayukta has no jurisdiction to conduct an enquiry against a daily wage employee.
Procedural History
A complaint was lodged on 30.09.2014 against the petitioner. The Karnataka Lokayukta initiated an enquiry. The petitioner filed Application No.580/2020 before the Karnataka State Administrative Tribunal, which was dismissed on 26.08.2022. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India.
Acts & Sections
- Karnataka Lokayukta Act, 1984: Section 2(12), Section 9, Section 12
- Constitution of India: Article 226, Article 227
