- 1 - HC-KAR NC: 2025:KHC-K:2760-DB WP No. 201463 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 29TH DAY OF MAY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO.201463 OF 2025 (S-KSAT) BETWEEN: SRI.MOHAMMED ABDUL HASEEB S/O AGA ABDUL GAFFAR AGED ABOUT 51 YEARS, WORKING AS HEAD QUARTER ASSISTANT TO DISTRICT REGISTRAR AT OFFICE OF DISTRICT REGISTRAR, RAICHUR R/O H.NO.4-601/67/C/1 M.B.NAGAR KALABURAGI-585105. …PETITIONER (BY SRI.MOHAMMAD ABRAR S., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF KARNATAKA DEPARTMENT OF REVENUE (STAMPS AND REGISTRATION) M S BUILDING, BANGALORE-560001. 2. INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS 8TH FLOOR KANDAYA BHAVAN, K. G. ROAD, BANGALORE-560001. Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2760-DB WP No. 201463 of 2025 3. THE HON’BLE LOKAYUKTA REP BY REGISTRAR M. S. BUILDING, DR AMBEDAR VEEDHI, BENGALURU-560001. 4. DEPUTY SUPERINTENDENT OF POLICE ANTI CORRUPTION BUREAU (NOW LOKAYUKTHA POLICE) KALABURAGI LOKAYUKTHA POLICE STATION KALABURAGI DISTRICT-585105. 5. ADDITIONAL REGISTRAR OF ENQUIRIES-11 KARNATAKA LOKAYUKTA M S BUILDING, DR AMBEDAR VEEDHI BENGALURU-560001. …RESPONDENTS (BY SRI. VEERANGOUDA M. BIRADAR, AGA FOR R1 & R2; NOTICE TO R3 TO R5 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I) ISSUE A WRIT OF CERTIORARI TO QUASH IMPUGNED INTERIM ORDER DATED 28.03.2025 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL KALABURAGI BENCH IN APPLICATION NO.20169/2025 PRODUCED AT ANNEXURE-B CONSEQUENTLY ETC., THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R.NATARAJ AND HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - HC-KAR NC: 2025:KHC-K:2760-DB WP No. 201463 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE R.NATARAJ) The petitioner has challenged an order dated 28.03.2025 passed by the Karnataka State Administrative Tribunal in O.A.No.20169/2025 rejecting the interim relief sought for. 2. The petitioner claims that he was working as a Sub Registrar at Kalaburagi. A complaint was lodged on 09.05.2019 by one Mr.Krishnappa Kalladevaraya, Police Inspector, A.C.B. Police Station, Kalaburagi that officials in the Sub Registrar Office, Kalaburagi were collecting illegal gratification from the public. Based on the above complaint, a First Information Report was registered in Crime No.2/2019 by respondent No.4 for offences under Sections 7, 7(a), 7A of the Prevention of Corruption (Amendment) Act, 2018. Thereafter, a search warrant was issued to the office of Sub Registrar, Kalaburagi. The petitioner claims that respondent No.4 instead of restricting the place of search to the office of Sub Registrar, Kalaburagi, searched a private person outside the office of Sub Registrar and drew up - 4 - HC-KAR NC: 2025:KHC-K:2760-DB WP No. 201463 of 2025 mahazar indicating that a sum of Rs.1,23,119/- was seized from him. A charge sheet was laid in Special Case No.4/2022 before the Principal District and Sessions Judge at Kalaburagi. Based on the same set of facts, a parallel departmental enquiry was initiated by respondent No.3 placing reliance on the Observation Note dated 27.09.2022. It is contended that Observation Note was signed only by the Presenting Officer, which was in violation of Section 9(3) of the Karnataka Lokayuktha Act, 1984, (for short, ‘the Act 1984’). The petitioner submitted his explanation denying the contents of the Observation Note and requested to drop further proceedings. He contends that a report was submitted by Lokayuktha under Section 12(3) of the Act, 1984 and respondent No.1 without application of mind ordered a disciplinary enquiry and entrusted enquiry to Lokayuktha under Rule 14A of Karnataka Civil Service (CCA) Rules, 1957. Based on the said entrustment, articles of charge were framed and a departmental enquiry was held against the petitioner. He contends that after an enquiry report was submitted, respondent No.1 has issued a second - 5 - HC-KAR NC: 2025:KHC-K:2760-DB WP No. 201463 of 2025 show cause notice enclosing therewith a report of the Lokayuktha. He claims that he has replied to the said notice and the same is yet to be considered. The petitioner hence challenged the entrustment order, Observation Note, enquiry proceedings as well as recommendation made by the Lokayuktha to impose major penalty of compulsory retirement from service before the Tribunal. An application for interim stay was turned down by the Tribunal on the ground that respondent No.1 had not passed any final order. Being aggrieved by the said order, this petition is filed. 3. Learned counsel for the petitioner contends that the Observation Note which is the basis of the report under Section 12(3) of the Act, 1984 was not signed by any official of Lokayuktha/ACB but was signed by the presenting officer. He also contends that the initiation of proceedings is in violation of Section 8(2)(c) of the Act, 1984. He contends that in the complaint lodged by Mr.Krishnappa, there was no specific assertion regarding the involvement of the petitioner and the amount of Rs.1,23,119/- seized was from a private person outside the Sub Registrar’s Office. Consequently, he - 6 - HC-KAR NC: 2025:KHC-K:2760-DB WP No. 201463 of 2025 submits that whole edifice of the enquiry conducted by Lokayuktha should crumble. Therefore, he submits that the Tribunal ought to have examined this crucial aspect of the matter and pending consideration must have stayed the proceedings before respondent No.1. 4. Per contra, learned Additional Government Advocate submits that respondent No.1 is in receipt of the report of Lokayuktha and that a second show cause notice has been issued to the petitioner. He contends that the petitioner has hastily approached this court without awaiting the outcome of the proceedings before respondent No.1. He also contends that petitioner has allowed time to pass in as much as, he did not challenge the entrustment order, the consequent enquiry and therefore, the petitioner cannot be allowed to throw a spanner into the works by staying the proceedings. 5. We have considered the submissions of the learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos.1 and 2. - 7 - HC-KAR NC: 2025:KHC-K:2760-DB WP No. 201463 of 2025 6. It is evident that based on the report submitted by the Lokayuktha under Section 12(3) of the Act, the State Government has exercised its discretion and felt it appropriate to enquire into the involvement of the petitioner and consequently, entrusted the enquiry to the Lokayuktha under Rule 14(A) of Karnataka Civil Service (CCA) Rules 1957. The Lokayuktha has proceeded with the enquiry by framing charges and recording evidence of witnesses and thereafter, submitted a report to respondent No.1. Respondent No.1 has thereafter taken steps by issuing a second show cause notice to the petitioner. The petitioner has not challenged the aforesaid at the earliest point in time but has allowed the proceedings to move on. Hence, it would not be proper to stay the entrustment order and the further proceedings by respondent No.1. 7. Therefore, unless respondent No.1 considers the reply of the petitioner and pass appropriate orders, the petitioner should not have rushed to the Tribunal. The Tribunal has rightly considered the same and has rightly held - 8 - HC-KAR NC: 2025:KHC-K:2760-DB WP No. 201463 of 2025 that the petitioner is not entitled to stay the proceedings before the respondent No.1. 8. In that view of the matter, we do not consider it appropriate to disturb the order passed by the Tribunal. Hence, the writ petition is dismissed. However, it is made clear that if the petitioner submits any reply to respondent No.1, the latter shall consider all the grounds urged by the petitioner in the reply and pass appropriate orders before accepting the recommendation of the Lokayuktha. Learned Additional Government Advocate is permitted to file memo of appearance within ten days. Sd/- (R.NATARAJ) JUDGE Sd/- (UMESH M ADIGA) JUDGE VNR List No.: 1 Sl No.: 2