Case Note & Summary
The matter involved multiple writ petitions filed by Assistant Public Prosecutors-cum-Assistant Government Pleaders under Articles 226 and 227 of the Constitution of India. The petitioners challenged the orders of the Karnataka State Administrative Tribunal (KSAT) dated 20.11.2019 and 21.11.2019, dismissing their applications under Section 19 of the Administrative Tribunals Act, 1985. The original applications had contested the recommendation of the Upalokayukta under Section 12(3) of the Karnataka Lokayukta Act, 1984, the consequential entrustment of enquiry by the State of Karnataka to the Karnataka Lokayukta under Rule 14A of the Karnataka Civil Services (CCA) Rules, 1957, and the issuance of article of charges by the Additional Registrar of Enquiries-12. The petitioners, who were appointed as Assistant Public Prosecutors after clearing a competitive examination and viva voce in 2013, contended that the disciplinary action was unwarranted. The KSAT, however, declined to interfere, leading to the present writ petitions. The respondents included the State of Karnataka, the Director of the Department of Prosecutions and Government Litigations, and the Karnataka Lokayukta. The High Court heard the matters together on 04.03.2020 and reserved judgment. On 14.05.2020, a common order was pronounced by Justice S. Sujatha. The judgment text provided does not include the detailed reasoning, findings, or final decision of the court.
Issue of Consideration
Case Details
2020 LawText (KAR) (05) 6
Writ Petition No.119515/2020 c/w Writ Petition Nos.119516-119523/2020 and 101971/2020 (S-KAT)
Hon’ble Mrs. Justice S. Sujatha, Hon’ble Ms. Justice Jyoti Mulimani
Sri Jagadish Patil, Sri Shriharsh A. Neelopant, Sri G.K. Hiregoudar, Sri Santhosh B. Malagoudar, Sri Mallikarjunswamy B. Hiremath
Smt. Ranjana Suresh Patil, Sri. Vinayak S. Patil, Sri Sangangouda Nayak, Smt. Sarojini Veerappa Batakurki, Smt. Geeta S. Asuti, Smt. Shilpa Joshi, Sri Ravindrasa S/o Umakantasa, Sri Dhanapal Devappa Harugeri, Sri Basalingappa Borgal, Mr. Vijaychandra Prabhu B.
State of Karnataka, Director Department of Prosecutions and Government Litigations, Karnataka Lokayukta, Additional Registrar Enquiries-12
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India challenging the orders of the Karnataka State Administrative Tribunal.
Remedy Sought
Quashing of the KSAT orders and allowing the original applications; challenging the Upalokayukta's report under Section 12(3) of the Karnataka Lokayukta Act, 1984, the entrustment of enquiry under Rule 14A of the Karnataka Civil Services (CCA) Rules, 1957, and the article of charges.
Filing Reason
The petitioners, Assistant Public Prosecutors, faced a disciplinary enquiry initiated by the Karnataka Lokayukta based on the Upalokayukta's recommendation and the State's entrustment, leading to article of charges. The KSAT dismissed their applications under Section 19 of the Administrative Tribunals Act, 1985.
Previous Decisions
Karnataka State Administrative Tribunal dismissed Application Nos. 796/2019, 950/2019, 675/2019, 677/2019, 678/2019, 819/2019, 795/2019, 683/2019, 674/2019, and 10075/2019 by orders dated 20.11.2019 and 21.11.2019.
Judgment Excerpts
Since similar and akin issues are involved, these matters are heard together and disposed of by this common order.
The petitioners have challenged the orders passed by the Karnataka State Administrative Tribunal at Bengaluru/Belagavi (for short, ‘the KSAT’), in applications filed by the petitioners under Section 19 of the Administrative Tribunals Act, 1985 (for short, ‘Act 1985’) challenging the recommendation of the Hon’ble Upalokayukta vide reports under Section 12(3) of the Karnataka Lokayukta Act, 1984 (for short, ‘Act 1984’) and the order passed by the State of Karnataka entrusting the matter for enquiry to the Karnataka Lokayukta under Rule 14A of the Karnataka Civil Services (CCA) Rules, 1957 (for short, ‘Rules 1957’) as well as the Article of Charges issued by the Additional Registrar of Enquiries-12, Karnataka Lokayukta, Bengaluru.
The petitioners contend that they had appeared for the written examination conducted by the Government of Karnataka through Recruitment Committee, Department of Prosecution and Government Litigation, to the post of Assistant Public Prosecutor-cum-Assistant Government Pleader on 31.08.2013 and 01.09.2013; petitioners having successfully cleared the written examination and viva voce, got appointed as Assistant Public Prosecutor- cum-Assistant Government Pleader vide appointment orders issued by the competent authority.
Procedural History
The petitioners, appointed as Assistant Public Prosecutors-cum-Assistant Government Pleaders, filed applications before the Karnataka State Administrative Tribunal under Section 19 of the Administrative Tribunals Act, 1985, challenging the Upalokayukta's report under Section 12(3) of the Karnataka Lokayukta Act, 1984, the entrustment of enquiry under Rule 14A of the Karnataka Civil Services (CCA) Rules, 1957, and the article of charges. The KSAT dismissed these applications on 20.11.2019 and 21.11.2019. Aggrieved, they filed the present writ petitions under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench.
Acts & Sections
- Administrative Tribunals Act, 1985: Section 19
- Karnataka Lokayukta Act, 1984: Section 12(3)
- Karnataka Civil Services (CCA) Rules, 1957: Rule 14A
