Case Note & Summary
Three writ petitions were filed before the High Court of Karnataka by retired engineers of Karnataka Rural Infrastructure Development Limited (KRIDL), challenging government orders and charge memos issued in relation to alleged irregularities in the construction of low-cost houses under the Basava Vasati Scheme in Hagaribommanahalli Taluk, Ballari District. The scheme, initiated at the request of the local MLA and the Housing Minister, entrusted KRIDL with constructing 5367 houses at a cost of Rs.4025.25 lakhs, funded through the Rajiv Gandhi Rural Housing Corporation Limited (RGRHCL). A complaint filed by G. Sankara Gauda before the Karnataka Lokayukta on 4 June 2015 alleged misappropriation and incomplete construction. The Lokayukta conducted an investigation and submitted a report dated 17 September 2016 under Section 12(3) of the Karnataka Lokayukta Act, 1984, recommending disciplinary action. The State Government accepted the report and, on 28 December 2016, directed the Lokayukta to frame charges. Subsequently, on 12 April 2018, the government issued an order entrusting the matter to the Lokayukta for drawing up articles of charge, and charge memos dated 23 July 2018 and 30 August 2018 were served on the petitioners under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957. The petitioners contended that the entire process was illegal, without jurisdiction, and violative of natural justice. They sought quashing of all impugned orders. The High Court heard all petitions together, with arguments on behalf of the petitioners by advocates Rakshitha D.J. and Raghavendra G. Gayatri, and the State and Lokayukta represented by Additional Government Advocate Vani H. and advocate Venkatesh S. Arabatti. The court reserved judgment on 21 June 2021 and pronounced the common judgment on 23 July 2021. The judgment, delivered by Justice B.V. Nagarathna, disposed of the petitions, though the final outcome is not available in the excerpt provided.
Issue of Consideration
Case Details
2021 LawText (KAR) (07) 26
Writ Petition No.12300 of 2020, Writ Petition No.12278 of 2020, Writ Petition No.45764 of 2017
B.V. Nagarathna, Hanchate Sanjeev Kumar
Rakshitha D.J., Raghavendra G. Gayatri, Vani H., Venkatesh S. Arabatti, Pawan Kumar, J.M. Anil Kumar, Gururaj Joshi
Sri R.F. Hudedavar, Sri L.R. Kumaraswamy, Sri Ziaullakhan
State of Karnataka, Rajivgandhi Rural Housing Corporation Limited, Karnataka Rural Infrastructure Development Limited, Chief Executive Officer Zilla Panchayat Bellari, Executive Officer Taluk Panchayat Hagaribommanahalli, Registrar Karnataka Lokayukta
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India challenging government orders and charge memos issued pursuant to the Lokayukta's investigation into alleged irregularities in the construction of low-cost houses under the Basava Vasati Scheme.
Remedy Sought
Quashing of State Government orders dated 12.04.2018 and 28.12.2016, charge memos dated 23.07.2018 and 30.08.2018, articles of charge dated 31.05.2017, and the Lokayukta's report dated 17.09.2016 under Section 12(3) of the Karnataka Lokayukta Act, 1984.
Filing Reason
The petitioners contended that the Lokayukta's investigation, the subsequent government orders, and the charge memos were illegal, without jurisdiction, and violated principles of natural justice.
Judgment Excerpts
These writ petitions have been connected together, heard together and are disposed of by this common judgment.
The petitioner was an employee of the Karnataka Rural Infrastructure Development Limited (‘KRIDL’ for the sake of convenience).
Under ‘Basava Vasati Scheme’ of 2010-11, total 7997 houses were sanctioned, out of which KRIDL constructed 5367 houses at a cost of Rs.4025.25 lakhs.
Procedural History
Three writ petitions were filed under Articles 226 and 227 of the Constitution of India. Notices were issued and served. The petitions were connected and heard together. After reserving judgment on 21.06.2021, the court pronounced the common judgment on 23.07.2021.
Acts & Sections
- Karnataka Lokayukta Act, 1984: Section 12(3)
- Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957: Rule 14-A
- Constitution of India: Articles 226, 227
