The Lokayukta cannot insist that disciplinary inquiry against a government servant should be entrusted only to it while recommending disciplinary inquiry on the allegations against government servants in its report submitted to the government under provisions of the Karnataka Lokayukta Act, said the High Court of Karnataka.
The State government would be at liberty to apply its mind independently to the recommendation, to conduct a disciplinary inquiry against the government servant and take a decision as to whether the inquiry is required to be entrusted to the Lokayukta, the Upalokayukta or the Disciplinary Authority as contemplated under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, the Court said.
Justice N.S. Sanjay Gowda passed the order while disposing of a petition filed by Yathish M.G., a senior environmental officer of the Karnataka State Pollution Control Board (KSPCB). The petitioner had questioned Lokayukta report recommending disciplinary inquiry against him in relation to a complaint and insisting that such inquiry should be entrusted to Lokayukta institution itself.
When Section 14-A of the CCA Rules empowers the government to entrust the disciplinary inquiry to the Lokayukta or the Upalokayukta or the Disciplinary Authority, the Lokayukta cannot be permitted to say that the inquiry should necessarily be entrusted to it, the court said.
However, the court refused to accept the petitioner’s contention that government cannot order departmental inquiry against him as he is not a government servant but is an employee of the KSPCB and is governed by the regulations of the Board.
The court said that the KPSCB, through Regulation 34(A1) of its Cadre, Recruitment and Condition of Service Regulations, 1992 has made KCS (CCA) Rules, 1957 applicable to its employees for holding the inquires, the procedure for imposition of penalties, etc.
