- 1 - NC: 2025:KHC:15840 WP No. 6822 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6822 OF 2015 (GM-RES) BETWEEN: KARNATAKA LOKAYUKTA POLICE M S BUILDING DR AMBEDAKR VEEDHI BANGALORE CITY - 1 REPRESENTED BY SRI D PALAKSHAIAH S/O SRI D RUDRAIAH AGED ABOUT 59 YERS OCC: DY S P …PETITIONER (BY SRI. B S PRASAD .,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY UNDER SECRETARY DEPARTMENT OF PERSONAL ADMINSTRATIVE REFORMS (6) VIDHANA SOUDHA BANGALORE – 1 2. G GURUPRASAD S/O B GURUBASAVAIAH AGED 59 YEARS OCC RETD ADD: NO.1134, 35TH C CROSS 4TH T BLOCK, JAYANAGAR BANGALORE 41 …RESPONDENTS (BY SRI. MAHANTESH SHATTAR., AGA FOR R1; SRI. DINESH GAONKAR., ADVOCATE FOR R2) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15840 WP No. 6822 of 2015 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CPC PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 12.2.2014 PASSED BY THE R-1 GOVT ORDER VIDE ANN-C AND ETC. THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. A writ in the nature of Certiorari by quashing the order dated 12.2.2014 passed by the Respondent no. 1, Government Order in No.CASE 14 SEM 2008 produced at Annexure-C b. Any other direction or order may be passed in the interest of justice. 2. Vide order dated 10.07.2023, a co-ordinate Bench of this Court after having considered all the aspects in the above matter had directed the matter to be placed before the Hon’ble the Chief justice to consider referring the following question for determination by a larger Bench “Whether the Lokayukta as any institutional locus standi to - 3 - NC: 2025:KHC:15840 WP No. 6822 of 2015 challenge an order passed by the competent authority refusing to grant sanction under Section 19 of the Prevention of Corruption Act 1988 to prosecute a government servant”. 3. The Hon’ble Chief justice had referred the matter to a Division Bench of this Court. The Hon’ble Division Bench vide order dated 17.01.2025 has answered the question referred by holding that “in the above factual situation, we are clearly of the opinion that the Lokayukta would have the institutional locus standi and to maintain a writ petition against an order of the government refusing sanction. The reference is so answered.” 4. Thus, the only aspect which had been referred to by a Co-ordinate Bench of this Court has been answered in favor of the petitioner and against the respondent. The Co-ordinate Bench of this Court vide order dated 10.07.2023 in Karnataka Lokayukta Police vs. State of Karnataka & another in WP - 4 - NC: 2025:KHC:15840 WP No. 6822 of 2015 No.6822/2015 & conn. Matter has already appreciated the factual aspects in the matter and at para.22 as observed as under; 22. The fact that the impugned order was passed after five years and just before the respondent No.2 retired from service makes it more than evident that he used his clout, as a Chief Engineer, and managed to obtain a favourable order at the hands of the competent authority. This Court is not oblivious of the devious methods indulged in by Government Servants at every stage to stifle the prosecution. Therefore, this Court holds that there was adequate material justifying grant of sanction to prosecute the petitioner. 5. The aforesaid extracted Para 22 is the culmination of the reasoning of the Co-ordinate Bench and the Co-ordinate Bench has categorically held that there was adequate material justifying grant of sanction to prosecute the respondent No.2-herein, who was the petitioner in WP No.8220 of 2013. 6. What has been challenged in the present petition as afore indicated is the refusal of sanction to prosecute respondent No.2 vide order dated 12.02.2014. The Co-ordinate Bench having held that the refusal was bad and that there was enough and more material to grant sanction and the Hon’ble Division Bench having - 5 - NC: 2025:KHC:15840 WP No. 6822 of 2015 held that the Hon’ble Lokayukta would have institutional locus standi to challenge a rejection of permission of sanction to prosecute, I am of the considered opinion that there is nothing further which is required to be determined by this Court. Hence, I pass the following; ORDER i. The Writ petition is allowed. ii. A certiorari is issued, the order dated 12.02.2014 passed in Government Order No.CASE 14 SEM 2008 by respondent No.1 at Annexure-C is quashed. iii. Respondent No.1 is directed to reconsider the request made by the Hon’ble Lokayukta for sanction in terms of the order passed by the Co-ordinate Bench of this Court dated 10.07.2023 within a period of 30 days from the date of receipt of a copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE SR, List No.: 1 Sl No.: 10