Bengaluru: Holds that the Karnataka State Administrative Court has made mistakes in the law and in canceling the Chargeshet submitted against the first official in illegal mining and iron ore scam transportation, the High Court asked Lokayukta to conclude the department investigation within one year.
“This case reflects a very sorry state.
A matter called by the state government for investigations below Section 7 (2-A) of the Lokayukta law in 2007 has not yet reached finality due to various litigation,” a division bench headed by Justice Satish Chandra Sharma, while the arrangement in addition to the order was passed by the court in 2017 and 2018.
It was a lokayukta who had challenged court orders, showing that to facilitate illegal mining and iron ore transportation in Ballaries and other netting, fake permits issued and 617 officials involved in fraud.
This includes around RS 2.5 Crore bribery which is reflected as “department expenditure” in the record confiscated from Karapudi Mahesh, key charges.
The bench, which examined the record, said Lokayukta at the time (justice n Santhosh Hegde) had submitted a detailed report and based on it, the chargesheet was submitted on April 8, 2015.
“We are in 2021.
Again, because the application submitted by respondents (officials) Before the court, this problem had been postponed when the Chargesheet itself was canceled and the fact remained that the government had not been able to take action against officials, “said the bench.
It was said that the government was not interested in challenging the tribunal order.
“…
The reason for not challenging the court order seems to be under pressure officers involved in this case.
Therefore, Lokayukta, becoming a legal entity formed to curb threats, has institutional interests and locus,” added the bench.
The court has canceled the government’s order that entrusted the probe to Lokayukta under the KCS and Chargesheet rules submitted by Lokayukta, after allowing the petition to be submitted by TV Prakash, Manjunath Ballari and Ramakanth Y Hullar (COP).
The main reason given by the court is that the principles of natural justice are not followed and the continuation of the disciplinary process will be a futile exercise.
However, the bench noted that the department’s investigation itself was a complete trial where employees got a full chance to defend themselves and the court could not cancel the Chargesheet only on the grounds that the opportunity to hear was not provided in terms of Part 9 of the Lokayukta action.