1998 (7) TMI 685

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ayukta Act, 1984 (for short "the K.L.Act"). To appreciate the contentions of Mr.K.R. Nagaraja, the learned counsel for the appellants, it would be necessary to refer to the facts giving rise to these appeals. On 17.12.92, an unsigned representation containing allegations against certain government officers including the respondent, Kempaiah, an IPS Officer, who was working as Deputy commissioner of Police, East, Bangalore, during the relevant period, was forwarded by the Under Secretary to the Governor of Karnataka to the Registrar, Lokayukta for taking necessary action. The Upalokayukta referred the allegations against the respondent to the police wing of the Upalokayukta for preliminary inquiry under Section 7(2) of the K.L.Act. Apropo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e import of the definition of 'action' in Section 2(1) of the K.L. Act? A perusal of the provisions of the K.L. Act reveals that the object of the Act is to ensure fairness in administrative action and for that purpose it provides for investigation by Lokayukta or Upalokayukta where complaint is made against such action by either a grievance or an allegation and for granting redress/remedy if a complainant is prejudiced by such action and/or initiating departmental proceedings or prosecution against any public servant in giving effect to the recommendations on findings of the Lokayukta or Upalokayukta, as the case may be. Section 7 deals with matters which may be investigated by the Lokayukta or Upalokayukta; Section 8 &nbsp....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ing a grievance or an allegation is made in respect of such action.     (2) Subject to the provisions of this Act, an Upalokayukta may investigate any action which is taken by or with the general or specific approval of, any public servant not being the Chief Minister, Minister, Member of the Legislature, Secretary or other public servant referred to in sub- section (1), in any case where a complaint involving a grievance or an allegation is made in respect of such action or such action or such action can be or could have been, in the opinion of Upalokayukta, the subject of a grievance or an allegation." A plain reading of this section, makes it evident that sub- section (1) envisages investigation by the Lokayukt....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ingly." A perusal of the definition indicates that it encompasses administrative action taken in any form whether by way of recommendation or finding or 'in any other manner', e.g., grating licenses or privileges, awarding contract, distributing Government land under statutory Rules or otherwise or withholding decision on any matter etc. The expression 'in any other manner' takes it in fold the last mentioned categories of administrative actions. Mr. Nagaraja has argued that the expression 'in any other manner' will have to be given a wider meaning so as to include other actions of the public servants such as the action of the respondent in amassing wealth otherwise the very purpose of the Act will be frustrated. ....