BENGALURU: The Karnataka High Court has said that the Karnataka Lokayukta has the power to recommend to the state government to conduct a departmental enquiry against a delinquent official under Section 12(3) of the Karnataka Lokayukta Act, but it does not have powers to recommend that the inquiry should be entrusted only to it. The government, under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, can entrust such an inquiry to the Lokayukta, Upa Lokayukta or the disciplinary authority, it said.
Quashing a September 7, 2023 order, passed by the state government to entrust a case against Yathish G, Senior Environmental Officer, Karnataka State Pollution Control Board (KSPCB), to the Upa Lokayukta, Justice NS Sanjay Gowda gave liberty to the government to apply its mind independently on the recommendation made by Upa Lokayukta and take a decision whether the inquiry should be entrusted to the Lokayukta, Upa Lokayukta or the disciplinary authority without being influenced by the recommendation made by the Upa Lokayukta.
The court said the Lokayukta or Upa Lokayukta, upon investigation, is empowered to form an opinion and record a finding regarding the complaint it received and submit a report with its recommendation.