REPRESENTED BY ITS REGISTRAR v. (BY SRI. VENKATESH S. ARABATTI, ADVOCATE)

(BY SRI. S.K. ACHARYA, ADVOCATE) AND: KARNATAKA LOKAYUKTA M.S. BUILDING, BENGALURU-560 001 REPRESENTED BY ITS REGISTRAR …PETITIONER Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA (BY SRI. VENKATESH S. ARABATTI, ADVOCATE) …RESPONDENT 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: - 2 - NC: 2025:KHC:30209 WP No. 58053 of 2016 HC-KAR 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.

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 - NC: 2025:KHC:30209 WP No. 58053 of 2016 HC-KAR 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 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.

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 - NC: 2025:KHC:30209 WP No. 58053 of 2016 HC-KAR 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.

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.

I have considered the submissions of the learned counsel for the petitioner and the learned counsel for the respondent.

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 - NC: 2025:KHC:30209 WP No. 58053 of 2016 HC-KAR 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