Lokayukta can't recommend that an inquiry be entrusted to it only: Karnataka HC

Bengaluru: The high court has said that the Lokayukta institution does not have the power to make a recommendation that the inquiry should be entrusted to it only. Justice Sachin Shankar Magadum said that the Lokayukta or the Upalokayukta is only a recommendatory body and cannot enforce it.

The petition was filed by MG Yathish, working as Senior Environment Officer with the Karnataka State Pollution Control Board (KSPCB). In 2017, a complaint was filed with MG Yathish, alleging that Jubilant Generics Limited — a pharma firm in Nanjangud — was discharging effluents and polluting the air, water of Kapila (Kabini) river. The petitioner claimed to have considered the complaint and explained to the complainant that there was no discharge of effluents into the river.

This made the complainant file the same complaint with the Lokayukta on September 23, 2017. The petitioner has since submitted his reply to the Upalokayukta.

The Upalokayukta sent a report to the state government under section 12(3) of the Karnataka Lokayukta Act recommending initiation of an enquiry against the Panchayat Development Officer (PDO) and the petitioner. The Upalokayukta had also recommended that the enquiry be entrusted to it, as provided under Rule 14-A of the CCA Rules.

On December 8, 2021, KSPCB passed a resolution with a request to the state government to close the proceedings. Two years later, on September 7, 2023, the state government passed an order entrusting the inquiry to the Upalokayukta as provided under Rule 14-A of the CCA Rules.

The petitioner contended that entrusting enquiry to the Lokayukta under CCA Rules is available only in respect of state government servants and not in respect of the employees of Statutory Boards, which is governed by its own Cadre and Recruitment Regulations.

The court negated this argument and said that every state pollution control board is bound by the directions given either by the Central Board or by the state government in the performance of its functions. The court further said that if the state is of the view that an employee of the KPSCB has failed in his duty to contain or prevent pollution, it has the power to direct an inquiry to be conducted against such erring employee.

However, the court said that Lokayukta does not have the power to recommend to the state government to entrust the inquiry to itself.

“The state government would be at liberty to apply its mind independently to the recommendation, to conduct an enquiry against the petitioner and take a decision as to whether the enquiry is required to be entrusted to the Lokayukta, the Upa-Lokayukta or the Disciplinary Authority of the petitioner, as contemplated under Rule 14-A of the CCA Rules. It is once again emphasised that the government should not be influenced by the recommendation made by the Upa-Lokayukta to entrust the inquiry to it and it is required to take an independent decision,” the court said.