IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE BUDIHAL R.B. WRIT PETITION NO.9781 OF 2017(LB-RES) BETWEEN K.N.SOMASHEKAR S/O K J NINGEGOWDA AGED ABOUT 44 YEARS NO.93, WEST GATE MANOR R V ROAD, BASAVANAGUDI BANGALORE-560 004 .. PETITIONER (By Sri.Prince Isac, Adv.) AND 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY THE PRINCIPAL CHEIF SECRETARY VIDHANA SOUDHA BANGALORE-560 001 2. DEPARTMETN OF RURAL DEVELOPMENT AND PANCHAYATRAJ REPRESENTED BY ADDL CHIEF SECRETARY AND PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA M S BUILDING DR .AMBEDKAR VEEDHI BANGALORE-560 001 3. DEPARTMENT OF AGRICULTURE REPRESENTED BY THE ADDITIONAL PRINCIPAL CHIEF SECRETARY GOVERNMENT OF KARNATAKA, M.S.BUILDING DR.AMBEDKAR VEEDHI, BANGALORE - 560 001.
4. THE CEO ZILLA PANCHAYATH, CHAMARAJANAGARA DISTRICT - 571 122.
5. DR. K.H.NARASIMHAMURTHY EX.CEO, ZILLA PANCHAYTH, CHAMARAJANAGARA DISTRICT - 571 122.
6. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT-571122 7. THE COMMISSIONER MGNREGA DEPARTMENT OF RDPR M.S.BUILDING-560 001 8. THE COMMISSIONER WATERSHED DEVELOPMENT DEPARTMENT, CAUVERY BHAVAN KHB COMPLEX K.G.ROAD-560 001 9. DISTRICT WATERSHED DEVELOPMENT OFFICER CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA-571122 10. SIDDE GOWDA ASSISTANT DIRECTOR OF AGRICULTURE, GUNDLUPET TALUK CHAMARAJANAGARA DISTRICT-571 122 11. SRIKANTASWAMY;
RETIRED ASSISTANT AGRICULTURAL OFFICER, HOUSE NO.LIG-49 KARNATAKA HOUSING BOARD COLONY, CHAMARAJANAGARA DISTRICT-571 122 12. B MAHADEV AGRICULTURAL ASSISTANT, C/O ASSISTANT DIRECTOR OF AGRICULTURE, KOLLEGALA TALUK KOLLEGALA-572 123 13. SHIVARAJU HOUSE NO.4/20 KALLUBAVI BEEDI, BHEEMA NAGARA, KOLLEGALA TALUK-572 123 14. MR. RATNA NAYAK EX.OMBUDSMAN, MGNREGS, ZILLA PANCHAYATH, CHAMARAJANAGAR DISTRICT-571 122 15. D.HUCHAIAH RETIRED ASSISTANT DIRECTOR OF AGRICULTURE, NO.M 79, JTK III STAGE, K.H.B.COLONY, KUVEMPUNAGAR, MYSORE-23 16. THE SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATIONS, GANGANAGAR, BANGALORE-560074 .. RESPONDENTS (By Smt.S.Susheela, AGA for R-1 to R-3, R-6, R-7, R-8 & R-9) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R-1 to refer the case for investigation by the Central Bureau of Investigation [R-16] for detailed investigation and report in respect of the allegations made against the officials of the Watershed Development Department, Kollegala in furtherance of the interim report filed by the Ombudsman dtd.8.5.2014 vide Annex-F.
This Writ Petition coming on for Orders this day, THE CHIEF JUSTICE made the following:
ORDER A allegation was made before the Hon’ble Lokayuktha that there have been certain misappropriations from the funds relating to National Rural Employment Guarantee Scheme by the Zilla Panchayath, Chamarajanagara District.
2. We are informed by Mrs.S.Susheela, learned additional government advocate, that the matter has been closed by the Hon’ble Lokayuktha.
3. Petitioner has accepted the position and submits that the Hon’ble Lokayukta has closed the matter, accepting the report of the Chief Executive Officer of the Zilla Panchayath.
4. In such a situation, we do not find any reason to ask for CBI investigation.
5. Writ petition stands rejected.
6. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkp