C. RANGASWAMAIAH AND ORS. versus KARNATAKA LOKAYUKTA AND ORS.

C. RANGASWAMAIAH AND ORS. versus KARNATAKA LOKAYUKTA AND ORS.

Police officers sent on deputation to the Lokayukta by the State Government remain employees of the State and may legally be entrusted with functions under section 17 of the Prevention of Corruption Act, 1988 by the State, as long as the Lokayukta does not object. The creation and administrative control of the post of DGP, Lokayukta, is valid despite not being included in the recruitment rules, provided the administrative and disciplinary control remains with the Lokayukta.

Parties
Petitioner: C. Rangaswamaiah and Ors.; Respondent: Karnataka Lokayukta and Ors.
Jurisdiction
India
Judgment Date
21 July 1998
Procedural Posture
Special Leave Petition / Judgment on Admission; Dismissal With Reasoned Order
Outcome
Petitions dismissed.
Legal Topics
Deputation, Lokayukta, Prevention of Corruption Act, Administrative Control, Statutory Powers of State Government
Service Law Administrative Law Criminal Procedure Deputation Lokayukta Prevention of Corruption Act Administrative Control Statutory Powers of State Government

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

C. Rangaswamaiah and Ors.

Petitioner

Karnataka Lokayukta and Ors.

Respondent

Procedural Posture

Special Leave Petition / Judgment on Admission; Dismissal With Reasoned Order

Legal Issues

  1. 1 Whether police officers on deputation to the Lokayukta can be entrusted with investigation under section 17 of the Prevention of Corruption Act, 1988.
  2. 2 Whether the State Government can create the post of Director General of Police, Lokayukta, by administrative order without amending recruitment rules.
  3. 3 How section 17 of the Prevention of Corruption Act, 1988 and section 15 of the Karnataka Lokayukta Act, 1984 can be harmonised.

Ratio Decidendi

Police officers sent on deputation to the Lokayukta by the State Government remain employees of the State and may legally be entrusted with functions under section 17 of the Prevention of Corruption Act, 1988 by the State, as long as the Lokayukta does not object. The creation and administrative control of the post of DGP, Lokayukta, is valid despite not being included in the recruitment rules, provided the administrative and disciplinary control remains with the Lokayukta.

Court Disposition

Petitions dismissed.

Orders

  • Special Leave Petitions dismissed; investigation by police officers on deputation to Lokayukta to continue; no relief to petitioners.