BENGALURU: The Karnataka High Court set aside the order passed by a single judge who struck down Regulation 14(A)(1) of the Karnataka Electricity Board Employees (Classification, Disciplinary Control and Appeal) Regulations, 1987, which enables the KPTCL to entrust the disciplinary enquiries against its employees to the Lokayukta.
“Rule 14A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, (KCS-CC&A) Rules is pari materia to Regulation 14(A) of the KEB Regulations... Rule 14A of KCS (CC&A) Rules has been upheld by this court in a division bench judgment in the case of Shivanand B Magadum case, and the single judge ought not to have brushed aside the Division Bench judgment to hold that Regulation 14(A) of the KEB Regulations is ultra vires of Articles 14 and 20(2) of the Constitution of India”, said the division bench comprising Justice DK Singh and Justice S Rachaiah. A division bench passed the order, allowing the appeals filed by the Registrar of Karnataka Lokayukta and the Director of Karnataka Power Transmission Corporation Limited (KPTCL), which questioned the order dated October 16, 2024, passed by a single judge.
Before the single judge, the petitioners, Ravindra Reddy V, Mechanic Grade-2, Bescom, and Ibrahim, Assistant Engineer, Mescom, had challenged the orders dated May 16, 2023 and March 13, 2017, passed by the state government to entrust the disciplinary enquiries to the Upa Lokayukta, over corruption charges.
The HC bench stated that the observation of the single judge that the Lokayukta and Upalokayukta should not play the dual role of prosecutor as well as enquirer is also the result of an incorrect reading of the provisions of the Lokayukta Act. This conclusion of the single judge is based on the finding that Lokayukta and Upalokayukta will conduct themselves in a manner prejudicial to the public interest.