Case Note & Summary
The petitioner, a Commercial Tax Officer, challenged the order of the Karnataka Administrative Tribunal dismissing his application to set aside a report by the Upa-Lokayukta under Section 12(3) of the Karnataka Lokayukta Act, 1984, recommending a disciplinary inquiry against him for demanding a bribe. The police had not filed a charge sheet after investigation. The High Court held that disciplinary proceedings and criminal proceedings are independent; non-filing of a charge sheet does not preclude a disciplinary inquiry. The writ petition was dismissed.
Headnote
A) Service Law - Disciplinary Proceedings - Criminal Investigation - Non-filing of charge sheet does not bar disciplinary inquiry - The question was whether non-filing of charge sheet by police precludes disciplinary inquiry on same allegation of bribe demand - Held that disciplinary proceedings and criminal proceedings are independent; non-filing of charge sheet does not bar disciplinary action (Paras 1-4).
Issue of Consideration
Whether non-filing of charge sheet by police against a government servant, on completion of investigation, precludes holding of a disciplinary inquiry against him on the same allegation of demanding a bribe made against him in the complaint to the police?
Final Decision
Writ petition dismissed. The order of the Karnataka Administrative Tribunal dated 17.12.2015 is upheld. Non-filing of charge sheet does not bar disciplinary inquiry.
Law Points
- Disciplinary inquiry and criminal proceedings are independent
- non-filing of charge sheet does not bar disciplinary action
- Karnataka Lokayukta Act 1984 Section 12(3)
- Rule 14-A of Karnataka Civil Services (Classification
- Control and Appeal) Rules
Case Details
2016 LawText (KAR) (06) 38
W.P.No.100805/2016 (S-KAT)
Sri G K Hiregoudar, Smt. K. Vidyavathi, Smt. Nirmala S. Suttagattimath
Sri. Yellappa Veerappa Maddikar
State of Karnataka, The Commissioner, Commercial Tax Department, The Karnataka Upa-Lokayukta, The Additional Registrar of Enquiries-8
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Nature of Litigation
Writ petition under Article 226 of Constitution of India challenging order of Karnataka Administrative Tribunal dismissing application to set aside Upa-Lokayukta report and government order for disciplinary inquiry.
Remedy Sought
Petitioner sought to set aside the order dated 17.12.2015 of Karnataka Administrative Tribunal dismissing his Application No.1561/2012, and to allow the application as prayed for.
Filing Reason
Petitioner challenged the report dated 31.10.2011 of Upa-Lokayukta under Section 12(3) of Karnataka Lokayukta Act, 1984 recommending disciplinary inquiry against him for demanding bribe, and the consequent government order dated 17.12.2011 entrusting inquiry to Upa-Lokayukta.
Previous Decisions
Karnataka Administrative Tribunal dismissed Application No.1561/2012 on 17.12.2015.
Issues
Whether non-filing of charge sheet by police precludes disciplinary inquiry on same allegation of bribe demand?
Submissions/Arguments
Petitioner argued that since police did not file charge sheet, disciplinary inquiry cannot proceed.
Respondents argued that disciplinary proceedings are independent of criminal proceedings.
Ratio Decidendi
Disciplinary proceedings and criminal proceedings are independent; non-filing of charge sheet by police does not preclude holding a disciplinary inquiry against a government servant on the same allegations.
Judgment Excerpts
Whether non-filing of charge sheet by police against a government servant, on completion of investigation, precludes holding of a disciplinary inquiry against him on the same allegation of demanding a bribe made against him in the complaint to the police?
Correctness of the order dated 17.12.2015 passed by the Karnataka Administrative Tribunal dismissing the petitioner’s Application No.1561/2012 is questioned in this writ petition.
Procedural History
Petitioner filed Application No.1561/2012 before Karnataka Administrative Tribunal challenging Upa-Lokayukta report dated 31.10.2011 and government order dated 17.12.2011. Tribunal dismissed application on 17.12.2015. Petitioner filed writ petition under Article 226 before High Court of Karnataka on 7.6.2016.
Acts & Sections
- Karnataka Lokayukta Act, 1984: 12(3)
- Constitution of India: 226
