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.
