High Court Karnataka High Court

Sri Shivaraj B Patil vs The State Of Karnataka on 6 December, 2010

Karnataka High Court
Sri Shivaraj B Patil vs The State Of Karnataka on 6 December, 2010
Author: H N Das
IN THE HIGH COURT OF KARNATAKA AT BANGALORE  A" 

DATED THIS THE 6"' DAY OF DECEMBER, 2Ii1';0CA A 

BEFORE

THE HON'BLE MR. JUSTICE I+:I;I«I,_NAGIAMOHA:,I<I'1}A§'  E'

WRIT PETITION N0. 1759 %sE:/2:11:16 (GM?R..ES): 

BETWEEN :

Sri SHIVARAJ B.P,-   _ 
REGIONAL _TRAN.VS¥'(Z+RT OE'FIC--ER. '_ H
RAICHUR:DIsT'RIc:T,RAICHIIR  

R/O JAYANAGAR.C0'LQNY"~._  A A

SEDAM ROAD,'-GUL4BAR~GA;.__    PETITIONER

(By Sri.BAI.£.I.ACEAR:YA,..SRQC(jUNSEL)

 A 1. 1T'I:IEsT%A'fEIOEH§KEARNATAKA

REPRESENTED BY ITS SECRETARY
'_ TRANSPORT DEPARTMENT
M_s.BUIL,DINO, Dr. B.R.AMBED1<AR

E' V»\/AEEDAH1, BANGALORE A 560 001.

;-~.._E

' .
SUM



_ the petitioner.

2. THE DIRECTOR GENERAL OF POLICE
COD, "BANGALORE.  RESPONDENTS

(By Sri K.S.MA.LLIKARJUNA1AI-I, GP FOR STATE)

THIS WRIT PETITION IS FILED UNDER ARTI:’C~£,E$:.0.22:6 C
AND 227 OF THE CONSTITUTION .0F»..II$?D._IA Mw*1;fIfE”Ai.
PRAYER TO QUASH THE IMPUONED; ORDER PASSED-..B.)f 5

THE R1 DT.14.09.2006 AT ANNEXURE–A”AND ETC} –.

THIS WRIT PETITION COMi’N(} ON FORTE HEARING
THIS DAY, THE COURT PASSED THE’-EOLLOW1″N_G; I f

In this writ petition the pE§iti_U’n€I’.h2rS préyeti’–.t:cr’a writ in the

nature of certiorati to”0qafIaShI the.:oI’de’r dated 14.09.2006 passed by

respondent No. “i,_aS per0″A_nn*exure”_;A according Sanction to prosecute

._ 2;__Petitioner working as Regional Transport Officer (for

Tshort R”FO)v-._’é1t~.?i?Eanga1ore with effect from 18.06.1998. After

M if ” I éissiirninrg charge as RTO the petitioner noticed certain irregularities

committed’ in the treasury section. Consequently the petitioner

N?’

/I

it

take appropriate action including audit of the accounts for the

brought to the notice of the higher authorities and requested thern_.to

1992-93 to 1998-99. Accordingly audit was conducted and

enquiry report specified that huge amounts” are rn’isappropriatedj.4

during the relevant period. On the basis iiauditrrepyort
investigation was ordered by the CoDli toionlyi
1998-99. After receipt of Col?!’ .reportq..t’:”IeEr1’atter.was placed-‘ before 5
the Secretary to Governmental(Transportl, Transport
Department. In the;..c«oricerneC|;_Aifiilei the Transport
Department made ta», .

a. Commissioner as to why the
invesitiiigat-ionVw-asA’reislriicted to and taken up for the year
aloAne;vwhen the Audit Inquiry Report alleging
of funds encompasses the whole period of
9′ A i997-«98?

b. if are the Officers who are charged with the
liiiiresponsibility of inspecting the RTOS Offices and who

have done the inspections during the above currency of

‘____J!””

/V

. Further whetrthe Audit”ln:q21iry._”for rveportrrelates to t

199] to 1998 and if so what are their reports along

the actions taken thereon’?

Immediately on the receipt of the report~”fr”orij~.. ‘4 l

Mangalore enclosing the Audit I:n_qui1_y

not Transport Commissioner”–take aetioii Vagains.t vvthVose3
departmentally or initiate crirr_1_in’alV_pt’oceedings_ withiin his

own powers delegatedto’ is ‘4 _

period :19?! why fwas action proposed

against offif;Vials}’0fficersudwho are there next year

narnelvl chunk of Officers/Officials

coveredlliunder the A=udit”Report and leaving out those who

– have. functioned””ci1iring the currency of the Audit Report?

rationale behind this action?

Col) report now received shall have to be

anallvsed in full depth by the Transport Commissioner

_:with all its ramifications and shall make specific

recommendations to the State Government wherever

i”\

7″

necessary/either for prosecution or for taking disciplinary:9~.y_
action or for both, after fully satisfying himse1fi_t.hat -1- 1
action is considered necessary. Andthis
after exercising the delegated Tullynié-Aandéi :3 rd
transferring the entire vresponsihility over
Government. 1 1 1 1 1 1

3. Thereafter the Principal’ A the Transport

Minister approved the recomrne-ndatiicn rnade the: Secretary and

the same reads as -iundcrr. ”

.i”Pr*ilic.ij§a1 to1._11″Govt. Home &
Transfmrt ‘D613t1.11/11′ 1 11’ S
Icouild not”ag1ree .-lessiéu/Jith the observations of
the :T.–S._ scope’1of .1the..1CoD enquiry should have
the entire””‘period 1991-92 to 1998-99.
‘ .Restrfict_ing just to last year yields nothing
,concrete.’1_’The’1i;..”El should categorically pin down
accountability/responsibility on the persons actually
involve-.d11’in this sordid tale and seek permission for
Atheiiri prosecution so far this exercise has not been
‘properly attempted. Para 155 of TS note may please

“be approved. N

is

4. Despite the order of the Secretary, Principal Secre–tarylpl’ar3lC’rt
the Transport Minister as stated above, no furth.e_r action’

When the matter stood at that stage, the respoAndent” Cove-rnment

now passed the impugned order at A.nne_x”ure A according san’c_ti’on1o

prosecute the petitioner. Hence,;__ this wrilt—-peAtition…_

5. Heard arguments on perused the entire
writ papers.

6. A perusal of order — Annexure A manifestly

makes it clear that there is reference to the order passed by the

V.S’earetaryf,”Principal Seclretaryrand the Transport Minister as stated

above.:F’urther,ittis”~see’n from the impugned order that the report of

‘i*–..___,the COD» and the entire material collected by it in the course of
_lfljnvesptigation are not given due consideration. It is obligatory on the
par’t«.of”G0vernment to consider the entire report and the material

H by the investigating agency and find out whether there is a

égkvfvx

2
5;

prima facie case against the petitioner for according sanctiUn.l:”tQi”‘–_
prosecute the’pet.it.ioner. In the impugned order responden_t”No. ha’s–l A *
not undertaken the exercise of considering». the r_eport”

material collected by the investigating agency.

the impugned order is liable to be quasihed..V_

7. For the reasons statediabosve, ,

I.


II.   dated"';l4.09.2006 passed by
 Annexure A is hereby
_ quias-had';    A'

III}: E>’5_Iiff:i1e.V’rnatter’ is–rernanded to respondent No. ‘1 for fresh

_ ” in accordance with law keeping in mind the

obseryartions made above.

Sd/~
JUDGE

V y _ it .i}1§’sy’os7V 122010.