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2025 DAILYLAW 79594 (KAR)

SURESH RAO AROOR v. KARNATAKA LOKAYUKTA

WP/58053/2016 · 2025-08-04

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30209 WP No. 58053 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 58053 OF 2016 (GM-KLA) BETWEEN: SURESH RAO AROOR AGED 53 YEARS S/O LATE A. SRINIVASA RAO D. NO.5-119, KARKATE HOUSE, NADSAL VILLAGE, POST PADUBIDRI, UDUPI TALUK AND DISTRICT …PETITIONER (BY SRI. S.K. ACHARYA, ADVOCATE) AND: KARNATAKA LOKAYUKTA M.S. BUILDING, BENGALURU-560 001 REPRESENTED BY ITS REGISTRAR …RESPONDENT (BY SRI. VENKATESH S. ARABATTI, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 10.07.2015 ON THE FILE OF THE RESPONDENT NO.1 - KARNATAKA LOKAYUKTA VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30209 WP No. 58053 of 2016 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged an endorsement dated 10.07.2015 issued by the Additional Registrar (Enquiries-7) of the respondent - Lokayukta closing the complaint lodged by him. The petitioner has also sought for a writ in the nature of mandamus to direct the respondent to permit him to file a rejoinder in the proceedings – COMPT/LOK/MYS/3570/2014 before the respondent. 2. The facts in brief are that the petitioner had submitted a complaint against the Selection Authority and Divisional Secretary and Associate Director, Department of Public Instruction, Mysuru Division, Mysuru and Recruitment Authority and Deputy Director, Department of Public Instruction, Udupi District, Udupi to the respondent on 10.10.2014 alleging irregularities committed by them in the appointment of Government High School Arts Teachers during the year 2007-08. He had alleged that there were 45 Teachers in Udupi District, 175 Teachers in Mysore District and another 650 Teachers in other Districts who were illegally appointed by - 3 - HC-KAR NC: 2025:KHC:30209 WP No. 58053 of 2016 the aforesaid authorities flouting all norms and Rules. The respondent forwarded the complaint to the Director of Public Instruction, Secondary Education. It is stated that the Principal, Government College of Teacher Education, Mysore had submitted an investigation report. The said report was forwarded by the Director of Public Instruction, Secondary Education on 07.03.2015 to the respondent. The petitioner was informed about the report and his comments were solicited by the respondent. The petitioner submitted his letter dated 10.04.2015 to the respondent seeking four months time to respond to the report submitted by the Director of Public Instruction, Secondary Education. The respondent after being satisfied that the complaint of the petitioner did not warrant any further investigation, issued an endorsement dated 10.07.2015 to the petitioner informing him that his complaint has been closed. Being aggrieved by the same, the petitioner is before this Court. 3. Learned counsel for the petitioner submitted that the petitioner had given a representation dated 10.04.2015 asking for more time to respond to the report submitted by the Director of Public Instruction, Secondary Education and the - 4 - HC-KAR NC: 2025:KHC:30209 WP No. 58053 of 2016 respondent without granting such time had hastily proceeded to close the complaint of the petitioner on 10.07.2015. He, therefore, submits that the impugned endorsement be quashed and an order be issued to the respondent to reinvestigate the matter. 4. Learned counsel for the respondent, on the other hand, contended that the petition has spent in itself as the appointment of Secondary School Arts Teachers that was questioned by the petitioner was made during 2007-08. He contends that the complaint before the respondent itself was belated and therefore, no purpose would be served at this point in time to direct an investigation as the respondent cannot make any recommendation under Section 12 of the Karnataka Lokayukta Act, 1984. 5. I have considered the submissions of the learned counsel for the petitioner and the learned counsel for the respondent. 6. As rightly contended by the learned counsel for the respondent, the petitioner had in the year 2014, belatedly alleged illegalities in the appointments of Government High - 5 - HC-KAR NC: 2025:KHC:30209 WP No. 58053 of 2016 School Arts Teachers that were made in the year 2007-08. The complaint of the petitioner was ordered to be looked into by the Director of Public Instructions, Secondary Education, who in turn referred it to the Principal, Government College of Teacher Education, Mysore, who submitted an investigation report that there was due compliance of all the Rules and Regulations regarding recruitment. The said report was forwarded by the Director of Public Instruction, Secondary Education on 07.03.2015 to the respondent. Though the petitioner was informed about the report and though his comments were called for, the petitioner sought for four months' time to respond to the report. Since the respondent felt that there was no need to look into the complaint as there was due compliance of all the Rules and Regulations, the respondent closed the complaint. This Court does not see any error in the exercise of the jurisdiction by the respondent warranting interference. Hence, the Petition is dismissed. Sd/- (R. NATARAJ) JUDGE SMA/List No.: 1 Sl No.: 49