Case Note & Summary
The petitioner, Sri S.V. Ramesh, an Assistant Executive Engineer with the Bangalore Water Supply and Sewerage Board (BWSSB), filed a writ petition under Article 226 of the Constitution of India challenging three actions: (a) a report dated 7.4.2015 issued by the Karnataka Upa-Lokayukta under Section 12(3) of the Karnataka Lokayukta Act, 1984; (b) an order dated 12.6.2015 passed by the State Government; and (c) Articles of Charge dated 23.7.2015 issued by the Karnataka Lokayukta. The background of the case involves an allegation that the petitioner permitted an unauthorised and illegal construction in a property. Based on this allegation, the Upa-Lokayukta conducted an inquiry and submitted a report under Section 12(3) of the Act, recommending disciplinary action. The State Government accepted the report and issued an order, and the Lokayukta subsequently framed Articles of Charge against the petitioner. The petitioner contended that the report was passed mechanically without application of mind and without affording him an opportunity of hearing, thereby violating principles of natural justice. The High Court, after hearing the parties, found merit in the petitioner's submissions. The court observed that the Upa-Lokayukta's report was not based on proper application of mind and that the petitioner was not given any opportunity before the report was submitted. Consequently, the court quashed the report dated 7.4.2015, the State Government's order dated 12.6.2015, and the Articles of Charge dated 23.7.2015. The writ petition was allowed, and the disciplinary proceedings against the petitioner were set aside.
Headnote
A) Lokayukta - Report under Section 12(3) - Validity - The Upa-Lokayukta's report dated 7.4.2015 was quashed as it was passed mechanically without application of mind and without giving opportunity of hearing to the petitioner - Held that the report was not sustainable (Paras 3-5). B) Natural Justice - Opportunity of Hearing - The petitioner was not given any opportunity before the Upa-Lokayukta submitted its report under Section 12(3) of the Karnataka Lokayukta Act, 1984 - Held that the report violated principles of natural justice (Paras 3-5). C) Disciplinary Proceedings - Quashing - The order of the State Government dated 12.6.2015 and the Articles of Charge dated 23.7.2015, being based on the invalid Lokayukta report, were also quashed - Held that the entire disciplinary proceedings were vitiated (Paras 3-5).
Issue of Consideration
Whether the report of the Upa-Lokayukta under Section 12(3) of the Karnataka Lokayukta Act, 1984, and the consequent disciplinary proceedings against the petitioner are sustainable in law.
Final Decision
The writ petition is allowed. The impugned report dated 7.4.2015 (Annexure-J), the order dated 12.6.2015 (Annexure-A), and the Articles of Charge dated 23.7.2015 (Annexure-B) are quashed.
Law Points
- Lokayukta report under Section 12(3) of Karnataka Lokayukta Act
- 1984 must be based on proper application of mind and cannot be mechanical
- Natural justice requires opportunity of hearing before adverse report
- Disciplinary proceedings based on invalid report are liable to be quashed
