Lokayukta, UpaLokayukta Are Merely Recommendatory Bodies, Can't Direct For Enquiry To Be Entrusted To Them: Karnataka High Court
Live LawThe Karnataka High Court has held that the State Government possesses the power to entrust the handling of a disciplinary enquiry in respect of an employee of the Karnataka State Pollution Control Board to the Lokayukta or Upa-Lokayukta under Rule 14-A of the CCA Rule. It was said “Rule 14-A of the CCA Rules provides for entrusting the enquiry in respect of Government servant if the misconduct alleged has been investigated into by the Lokayukta, either under the provisions of the Lokayukta Act or by the reference of the Government, and this itself indicates that if the conduct of a Government servant including an employee of the statutory Board is investigated, then the Government has been conferred with the power under Rule 14-A to direct an enquiry into the case by the Lokayukta or the UpaLokayukta, or direct the appropriate authority to take action in accordance with Rule 12 of the CCA Rules.” It then said that if the provisions of the CCA Rules are expressly made applicable to the employees of the Board, it is obvious that Rule 14-A would also stand automatically attracted in respect of an employee of the Board. Following which it held “It is, therefore, clear that in respect of an employee of the Karnataka State Pollution Control Board, in the face of Regulation 34, the Government would have the power to entrust the enquiry to the Lokayukta and it is not the Disciplinary Authority of the employee-Board.” Court said that on a plain reading of Section 12 and of the Lokayukta Act, it was obvious that the power to make a recommendation in respect of allegation vests with the Lokayukta or the Upa-Lokayukta, which is only a recommendatory body and cannot enforce its decision. It said, “If the Lokayukta or the Upa-Lokayukta were to say that it should be given the power to take remedial action by itself, that would basically be in contravention of Section 12 of the Lokayukta Act and it would translate into the Lokayukta or the Upa-Lokayukta to transform itself into an enforcement body as against the contemplation of the Act that it is only a recommendatory body.” Disposing of the petition court said that the State Government would be at liberty to apply its mind independently to the recommendation, to conduct an enquiry against the petitioner and take a decision as to whether the enquiry is required to be entrusted to the Lokayukta, the Upa-Lokayukta or the Disciplinary Authority of the petitioner, as contemplated under Rule 14-A of the CCA Rules.
History of this topic
No powers with Lokayukta to insist on taking over probes: Karnataka HC
New Indian Express
State Human Rights Commission Can Only Recommend And Not Direct State Govt For Action Against Policemen: Karnataka High Court Reiterates
Live Law
Keeping Investigations Against Public Servants Pending Affect Their Rights: Karnataka High Court Asks Lokayukta To "Set Its House In Order"
Live Law
Haryana lokayukta apprises governor of ‘casual approach’ by bureaucrats in handling corruption complaints
Hindustan Times
Maharashtra to have Lokayukta law on the lines of Centre’s Lokpal
The Hindu
Supreme Court Stays Lokayukta Proceedings Against Former Karnataka CM Yediyurappa In Bribery Case
Live Law
Approval From Chairman Of State Pollution Control Board Must For Initiating Criminal Action Against Defaulters Under Air Act: Karnataka High Court
Live Law
Delhi HC dismisses plea seeking to bring govt official under Lokayukta ambit
Hindustan Times
Lokayukta Can Only 'Recommend' To Disciplinary Authority To Take Action Against Erring Officer, No Statutory Power To Issue Direction: Jharkhand HC
Live Law
Karnataka High Court Expresses Displeasure At The Functioning Of State Pollution Control Board; Asks State If It Will Inquire
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