Service Law. A Government Corporation cannot entrust departmental enquiry to Lokayukta unless it adopts Karnataka Civil Services (Classification, Control and Appeal) Rules. Karnataka High Court.

G.B.Devaraj and others vs State of Karnataka and others.  Writ Petition 8374/2019 decided on 11 December 2020.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/356867/1/WP8374-19-11-12-2020.pdf

Relevant paragraphs: 16. The Conduct Rules of the State defines and regulates the conduct of a Government servant which is hedged by certain conditions with regard to conduct or otherwise and what would amount to misconduct. The conduct Rules being made applicable under Rule 39(b) cannot empower the Corporation to entrust an enquiry to the hands of the Lokayukta as there is no provision in the conduct Rules for such entrustment.

17. The power of entrustment of an enquiry to the hands of the Lokayuka is dealt with under KCS(CCA) Rules which not only contains provision for such entrustment, but also deals with elaborate procedure for conduct of disciplinary proceedings against Government Servant.

Therefore, KCS(CCA) Rules without being specifically adopted cannot and would not mean that the said Rules can be applied, bringing it, within the sweep of Rule 39 of the said Rules of the Corporation, unless KCS(CCA) Rules is specifically adopted by a decision of the Board of the Corporation. In view of the preceding analysis, I hold that power to entrust the enquiry to the hands of the Lokayukta is not available with the Corporation. Therefore, the entrustment of the enquiry to the hands of the Lokayukta by the Managing Director of the Board will have to be held as an act without jurisdiction.

Compiled by S. Basavaraj, Advocate, Daksha Legal.