IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION Nos.13677-13685/2019 (GM-KLA) BETWEEN:
1. B.N.NAGENDRA KUMAR S/O LATE B M DODDANARASE GOWDA AGED 63 YEARS RETIRED AS MANAGER - TRAINING GOVERNMENT TOOL ROOM & TRAINING CENTRE, RAJAJINAGAR INDUSTRIAL ESTATE BANGALORE - 560 010 R/AT NO.1691, 2ND FLOOR 7TH CROSS, 7TH MAIN, HAMPI NAGAR VIJAYANAGAR 2ND STAGE BANGALORE - 560 104 2. R.MUTTHUKUMAR S/O LATE V M RAJAMANICHAM AGED 52 YEARS WORKING AS MANAGER -TRAINING GOVERNMENT TOOL ROOM & TRAINING CENTRE RAJAJINAGAR INDUSTRIAL ESTATE BANGALORE - 560 010 R/AT NO.58, 4TH MAIN KALYANA NAGAR, NAGARBHAVI ROAD, BANGALORE - 560 072 3. VIKAS R.NAYAK S/O RAMACHANDRA NAYAK AGED 52 YEARS WORKING AS DEPUTY MANAGER - MCD GOVERNMENT TOOL ROOM & TRAINING CENTRE RAJAJINAGAR INDUSTRIAL ESTATE BANGALORE - 560 010 R/AT NO.S-1228, 6TH MAIN, BHARATHNAGAR 2ND STAGE BANGALORE - 560 091 4. M.N.PUNDARIKAKSHA S/O NAGARAJU AGED 52 YEARS WORKING AS PRINCIPAL GRADE - III GOVERNMENT TOOL ROOM & TRAINING CENTRE BANGALORE - 560 010 R/AT NO.7, RANGAPPA STREET CHIKKA MAVALLI BANGALORE - 560 004 5. H.M.SURESH S/O LATE H MALLAPPA AGED 49 YEARS WORKING AS PRINCIPAL GRADE-IV GOVERNMENT TOOL ROOM & TRAINING CENTRE CA-38, NIDIGE INDUSTRIAL AREA MACHENAHALLI, SHIMOGGA R/AT SRIMATHA, PRIYANKA LAYOUT 2ND CROSS, VIDYANAGAR SHIMOGGA - 577 201 6. ASHOK WALIKAR S/O.HANUMATHAPPA WALIKAR AGED 44 YEARS WORKING AS PRINCIPAL (IN CHARGE) GOVERNMENT TOOL ROOM & TRAINING CENTRE PLOT NO.1, KSSIDC INDUSTRIAL ESTATE AMBEWADI INDUSTRIAL AREA, DANDELI - 581 325 R/AT C/O G B SOLPUR NEAR WATER TANK, SWARASATPUR DHARWAD – 580 002 7. S.SUNDAR RAJ S/O LATE S SABAPATHY AGED 59 YEARS WORKING AS ACCOUNTS OFFICER GOVERNMENT TOOL ROOM & TRAINING CENTRE RAJAJINAGAR INDUSTRIAL ESTATE BANGALORE - 560 010 R/AT NO.238, C K TANK BED 3RD CROSS, THYAGARAJ NAGAR BANGALORE - 560 070 8. RAJKUMAR K BHARASHETTY S/O KASHEPPA AGED 49 YEARS WORKING AS PRINCIPAL IN-CHARGE GOVERNMENT TOOL ROOM & TRAINING CENTRE KIADB INDUSTRIAL AREA NEAR RTO CHECK POST HUMNABAD - 585 330 BIDAR DISTRICT R/AT HALLIKHED -B & HALLIKHED POST HUMNABAD - 585 330 BIDAR DISTRICT 9. JAIRAJ T NARGUND S/O LATE T S NARGUND AGED 55 YEARS WORKING AS FOREMAN GRADE-II GOVERNMENT TOOL ROOM & TRAINING CENTRE PLOT NO.122, DARSANPURA LAYOUT M B ROAD, GULBARGA - 585 101 R/AT HOUSE NO.83-34 NRAPATHUNGA COLONY OPP.KEMBRIDGE SCHOOL SAHABAD ROAD GULBARGA - 585 105 (BY SRI P M NAYAK, ADV.) AND:
1. THE PRINCIPAL SECRETARY TO GOVERNMENT ... PETITIONERS (EARLIER COMMERCE AND INDUSTRIES DEPARTMENT) NOW SKILL DEVELOPMENT ENTREPRENEURSHIP AND LIVELIHOOD DEPARTMENT GOVERNMENT OF KARNATAKA M S BUILDING BANGALORE - 560 001 2. THE GOVERNING COUNCIL GOVERNMENT TOOL ROOM & TRAINING CENTRE RAJAJINAGAR INDUSTRIAL ESTATE BANGALORE - 560 010 BY ITS CHAIRMAN 3. THE MANAGING DIRECTOR GOVERNMENT TOOL ROOM & TRAINING CENTRE RAJAJINAGAR INDUSTRIAL ESTATE BANGALORE - 560 010 4. THE KARNATAKA LOKAYUKTA M S BUILDING DR AMBEDKAR VEEDHI BANGALORE - 560 001 BY ITS REGISTRAR ...RESPONDENTS (BY SMT. N. ANITHA, HCGP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARING THE DIRECTIONS OF THE UPALOKAYUKTA-1, FOR ENTRUSTMENT OF CONDUCTING THE ENQUIRY AGAINST THE PETITIONERS UNDER RULE 14-A, OF THE KARNATAKA CIVIL SERVICES [CLASSIFICATION, CONTROL AND APPEAL] RULES 1957 TO HIS AUTHORITY, GIVEN UNDER SECTION 12[3] OF THE KARNATAKA LOKAYUKTA ACT 1984 AS PER THE REPORT DTD:2.3.2016 AS AT ANNEXURE-D TO THE W.P. AS NULL AND VOID. QUASH THE DECISION FOR ENTRUSTMENT OF THE ENQUIRY AGAINST THE P-1, 2, 3, AND 4 TO HON'BLE UPALOKAYUKTA-1 AS PER THE CIRCULAR RESOLUTION OF THE GOVERNING COUNCIL OF GOVERNMENT TOOL ROOM AND TRAINING CENTRE, DTD:21.4.2016 AS AT ANNEXURE-J TO THE W.P. AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, NARAYANA SWAMY J, MADE THE FOLLOWING:
O R D E R The entrustment of conducting enquiry against the petitioners under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 has been challenged and the relief sought for is to set aside the same. The grounds taken by the petitioners are that the petitioners are not Government servants and hence the impugned action of initiating enquiry against the petitioners is without jurisdiction. It is also submitted that similar question was raised in Writ Petitions No.10999-11006 of 2017 between B.N. NAGENDRA KUMAR AND OTHERS v. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT AND OTHERS which was disposed of on 15th June, 2019. This court has allowed the petitions and set aside the charge-sheet of entrustment against the petitioners therein who also happen to be the officials of second respondent herein-the Government Tool Room and Training Centre. It is held therein that the petitioners are not employees of Government. After quashing the entrustment, liberty has been reserved to the Government Tool Room and Training Centre to proceed against the petitioners.
2. We have heard the learned counsel for the parties and have also gone through the judgment referred to above. We are of the opinion that since these petitions is covered by the judgment in the case of B.N. NAGENDRA KUMAR referred to above, for the reason that they were not government employees, these petitions are also to be allowed and are accordingly allowed. The entrustment order and filing of charge sheet by the Lokayukta is set aside. The second respondent is reserved liberty to proceed against these petitioners, if they so deserve.
Sd/- JUDGE Sd/- JUDGE lnn