Karnataka High Court
The Honble Lokayukta vs Sri K G Anantha Narayana on 22 November, 2018
Bench: L.Narayana Swamy, P.B.Bajanthri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2018
:PRESENT:
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
AND
THE HON'BLE MR. JUSTICE P.B.BAJANTHRI
WRIT PETITION No.29101/2018 (S - KSAT)
Between:
1. The Hon'ble Lokayukta
Rep. by its Registrar
Office of Karnataka Lokayukta
M S Buildings, Dr.B R Ambedkar
Veedhi, Bengaluru-560 001.
2. The Additional Registrar
of Enquiries-3, Karnataka
Lokayukta, M S Buildings
Dr.B R Ambedkar Veedhi
Bengaluru-560 001. ..Petitioners
(By Sri Mallikarjun C Basareddy, Advocate)
And :
1. Sri K G Anantha Narayana
s/o Late K S Govindappa
Aged about 59 years
Working as Assistant
Commissioner of Commercial
Taxes, Divisional VAT Office-III
II Floor, BMTC Bus Stop
Shanthinagar
Bengaluru-560027.
2
2. The State of Karnataka
By its Principal Secretary
Department of Finance
Vidhana Soudha
Dr.B R Ambedkar Veedhi
Bengaluru-560 001. ..Respondents
(By Ms.Anitha N, HCGP for R2,
Sri M S Bhagwat, Advocate for R1)
This WP is filed under Articles 226 and 227 of the
Constitution of India, praying to quash the impugned
order passed by the Hon'ble Karnataka State
Administrative Tribunal in Application No.2221/2014
dated 25.1.2018 vide Annexure-B.
This WP coming on for orders this day,
P B BAJANTHRI J, passed the following:
ORDER
The petitioners, who are the respondents before the Karnataka State Administrative Tribunal (for short `Tribunal') in Application No.2221/2014, have questioned the order dated 25.1.2018 passed by the Tribunal. The Tribunal while setting aside the Entrustment proceedings under Rule 14-A of KCS (CCA) Rules, 1957 as well as framing of article of charges, while reserving liberty to the State Government to proceed. The petitioners have no locus standi insofar as challenging the order of the Tribunal dated 25.1.2018 3 since the very Entrustment of Enquiry dated 25.10.2013 and consequential proceedings of framing of charges have been set aside on the score that Entrustment is without appreciation of mind. When framing of charges by the petitioners is pursuant to the Entrustment order itself is held to be bad. Consequently further proceedings of framing of charges have to go. Unless the Government takes decision or implementing the order of the Tribunal, till then, the petitioners have no locus standi. Thus, they have not made out any ground to interfere with the order of the Tribunal.
Accordingly, writ petition stands rejected.
Sd/-
JUDGE Sd/-
JUDGE Bkm.