Sri Sannappaiah vs The State Of Karnataka on 2 November, 2017

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Karnataka High Court

Sri Sannappaiah vs The State Of Karnataka on 2 November, 2017

Bench: P.S.Dinesh Kumar

                           -1-
                                         WP No.47596/2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 2ND DAY OF NOVEMBER 2017

                       PRESENT

             THE HON'BLE MR.H.G.RAMESH
                ACTING CHIEF JUSTICE

                          AND

     THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

       WRIT PETITION NO.47596/2017 (GM-KLA)

BETWEEN:

SRI SANNAPPAIAH
S/O H.K.VASUDEVA REDDY
AGED ABOUT 52 YEARS
WORKING AS JOINT DIRECTOR
TOWN & COUNTRY PLANNING
BENGALURU METROPOLITAN REGION
DEVELOPMENT AUTHORITY
NO.1, ALI ASKAR ROAD
BENGALURU-560 052                       ...PETITIONER

(BY SRI S.A.AHMED, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REVENUE DEPARTMENT
       M.S.BUILDING, DR.AMBEDKAR ROAD
       5TH FLOOR, BENGALURU-560 001
       REP BY ITS SECRETARY

2.     THE KARNATAKA LOKAYUKTA
       M.S.BUILDING
       DR.AMBEDKAR VEEDHI
                                -2-
                                            WP No.47596/2017

        BENGALURU-560 001
        REP BY ITS REGISTRAR                  ...RESPONDENTS

(BY MS.SHWETA KRISHNAPPA, AGA FOR R1;
    SRI V.S.ARBATTI, ADVOCATE FOR R2)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
PERMISSION/ SANCTION ACCORDED BY RESPONDENT NO.1
COMPETENT AUTHORITY TO CONDUCT ENQUIRY DATED 9.2.2017
AT ANNEXURE-A, ORDER DATED 21.2.2017 OF UPA-LOKAYUKTA
WHEREIN ADDITIONAL REGISTRAR OF ENQUIRIES-3 IS
NOMINATED AT ANNEXURE-B, FRAMING OF ARTICLE OF
CHARGES IN PROCEEDING DATED.12.9.2017, AND NOTICE
CALLING UPON THE PETITIONER TO APPEAR ON 27.10.2017 IN
ORDER TO FACE THE ENQUIRY AS CONTEMPLATED UNDER RULE
ANNEXURE-C.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE
FOLLOWING:
                          ORDER

Ag.CJ (Oral):

1. This writ petition is directed against the order dated 9.02.2017(Annexure-A) passed by the State Government, entrusting holding of an enquiry to Upa-lokayukta in exercise of the power under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.

2. We have heard the learned Counsel for the parties and perused the impugned order.

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WP No.47596/2017

3. As could be seen from the aforesaid order, the report by the Commissioner, Chitradurga Urban Development Authority prima facie shows the involvement of the petitioner in the misconduct referred to in the Articles of Charge dated 12.09.2017 at Annexure-C. The contention that there is no material against the petitioner to proceed against him is not correct. We find no ground to interfere with the impugned order in exercise of the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. The writ petition is accordingly dismissed.

Petition dismissed.

Sd/-

ACTING CHIEF JUSTICE Sd/-

JUDGE Yn.

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