High CourtsDivision Bench

State of Karnataka vs N. Gundappa

Karnataka High Court · Decided on 3 January 1990 · Citation: (1990) ILR (Kar) 4188

HON’BLE JUDGES
S. Mohan, C.J · M. Ramakrishna, J
ACTS & SECTIONS REFERRED
Karnataka Lokayukta Act, 1984 — Section 9
RESULT
Dismissed
CASE NUMBER
W.A. No. 2242 of 1989
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Judgment

3 paragraphs · 141 words

Mohan, C.J.—We have not the slightest hesitation in holding that the proceedings u/s 9 of the Karnataka Lokayukta Act, 1984 are quasi judicial in nature. Our reasons are as under:

Firstly there is a complaint. Secondly there is a preliminary enquiry to conduct investigation. Thirdly a copy of the complaint is forwarded to the public servant and the Competent Authority concerned. Fourthly the public servant is afforded an opportunity to offer his comments on such complaint. Thereafter should the Lokayukta submit a report as to what consequences follow are delineated u/s 13 of the Act. Having regard to the serious consequences contemplated thereunder, the conclusion is inescapable that it is quasi judicial in nature. Not only that, Section 14 of the Act also contemplates initiation of prosecution.

2.

Accordingly, we agree with the learned single Judge and dismiss this Writ Appeal.