IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER 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.11901/2017 (GM-KLA) BETWEEN:
SRI K.H.SRIKAR S/O H.D.HANUMANTHAPPA AGED ABOUT 53 YEARS ASSISTANT EXECUTIVE ENGINEER DAVANGERE HARIHAR URBAN DEVELOPMENT AUTHORITY, DAVANGERE RESIDING AT NO.160 S.NIJALINGAAPPA LAYOUT DAVANGERE-577 004 ...PETITIONER (BY SRI A.KESHAVA BHAT, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BANGALORE-560 001 2. THE UNDER SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BANGALORE-560 001 3. UPA-LOKAYUKTA, STATE OF KARNATAKA M.S.BUILDING BANGALORE-560 001 REPRESENTED BY ITS REGISTRAR 4. ADDITIONAL REGISTRAR OF ENQUIRIES-10 KARNATAKA LOKAYUKTA BANGALORE (ENQUIRY OFFICER) M.S.BUILDING BANGALORE-560 001 5. SRI K.MANIKANTTA S/O KARUNAKARAN MAJOR, R/AT DISTRICT PRESIDENT SRIRAMA SENE, 4TH MAIN 1ST CROSS, VINOBANAGAR DAVANGERE–577 012 …RESPONDENTS (BY MS.SHWETA KRISHNAPPA, AGA FOR R1 & 2;
SRI MALLIKARJUN C. BASAREDDY, ADVOCATE FOR R3 & 4; SRI NAGARAJ DAMODAR, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED GOVERNMENT ORDER DATED 4.2.2017 (ANNEXURE-A) AND SET ASIDE THE ORDER OF R3 DATED 9.2.2017 (ANNEXURE-B).
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. This writ petition is directed against the order dated 04.02.2017 at Annexure-A and also the order dated 09.02.2017 at Annexure-B.
2. We have heard learned Counsel appearing for the parties and perused the record. By the impugned order dated 04.02.2017, the Disciplinary Authority namely, the State Government in exercise of the power under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 has entrusted holding of disciplinary enquiry against the petitioner to Upa-Lokayukta. By the order dated 09.02.2017, the Upa-Lokayukta has nominated Additional Registrar of Enquiries-10 as the Inquiry Officer to frame charges and to conduct departmental inquiry against the petitioner.
3. The report of the Upa-Lokayukta dated 29.11.2016 states that the petitioner had purchased a site in the name of his wife in the year 2012 without obtaining permission from the Department and thereby has contravened the Karnataka Civil Services (Conduct) Rules, 1966.
4. In our opinion, this is not a fit case warranting interference under the extraordinary jurisdiction of this Court under Articles 226 & 227 of the Constitution of India. The writ petition is accordingly dismissed.
Petition dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Yn.