Case Note & Summary
The appeal was filed by the Karnataka Lokayukta challenging the order of a learned Single Judge in WP 6467/2004 dated 7.6.2012. The respondent, Sri Mallanna, was working as Accounts Superintendent in Zilla Panchayat Engineering Division, Raichur between 1995 and 1998. Allegations of irregularities in the execution of a water supply scheme at Gattu Bichhalli were made, stating that the respondent cleared bills without proper verification, violating Rule 3(1)(i) to (iii) of the Karnataka Civil Services (Conduct) Rules, 1966. The matter was referred to the Upalokayukta for investigation, who nominated the Additional Registrar of Enquiries to frame charges and conduct an inquiry. After completion, a report was submitted on 18.3.2003 and forwarded to the Government on 19.5.2003. The respondent challenged this report before the learned Single Judge, who, relying on a decision in WA 1510-11/2004 (Prof. S N Hegde's case), treated the report as information and allowed the government to initiate action if necessary. The Lokayukta appealed, arguing that the report should not be treated as an FIR but as a preliminary inquiry report. The Division Bench held that the report submitted by the Lokayukta/Upalokayukta after investigation can be treated as information for the government to initiate disciplinary action, and the learned Single Judge's order was set aside. The appeal was allowed, and the government was directed to proceed in accordance with law.
Headnote
A) Service Law - Disciplinary Proceedings - Lokayukta Report as Information - Karnataka Civil Services (Conduct) Rules, 1966, Rule 3(1)(i)-(iii) - The court held that the report submitted by the Lokayukta after investigation can be treated as information for the government to initiate disciplinary action in accordance with law, and not as a final report binding on the government. (Paras 1-4) B) Constitutional Law - Writ Jurisdiction - Interference with Preliminary Report - The learned Single Judge erred in quashing the Lokayukta's report; the report is merely a preliminary investigation and the government is free to take action based on it. (Paras 2-4)
Issue of Consideration
Whether the report submitted by the Lokayukta/Upalokayukta after investigation can be treated as an FIR or information for initiating disciplinary action against a public servant.
Final Decision
Appeal allowed. Order dated 7.6.2012 in WP 6467/2004 set aside. The report submitted by the Lokayukta/Upalokayukta shall be treated as information, and the government is at liberty to initiate action in accordance with law.
Law Points
- Lokayukta report can be treated as information for disciplinary action
- Karnataka Civil Services (Conduct) Rules
- 1966
- Rule 3(1)(i)-(iii)
- Karnataka Lokayukta Act
- Section 7(2)
- CCA Rules
- 1957
- Rule 14(a)
