2012 (1) AIR Kar R 844 ::(2012) 4 KCCR 2710 ::(2012) 2 Kant LJ 211

Karnataka High Court

Hon'ble Judge(s): B. S. Patil , J

( A ) Karnataka Lokayukta Act (4 of 1985) S. 7 (2-A), 8, 9 — Reference of matter for investigation to Lokayukta — Bar of limitation — Reference made to Lok-ayukta by State Government after being satisfied of illegality committed in transaction which was forthcoming from report of C.O.D. — Complaint was not directly made to Lokayukta — Ss. 8 and 9 of Act would not be applicable — Consequently investigation not barred by limitation provided in S. 8 — Reference, maintainable.Scope of Ss. 8 & 9 of Act is totally different and reference of matter for investigation by State Government invoking provisions of Section 7(2-A) of the Act is entirely different. The provision contained under S. 8 of the Act cannot be made applicable to a case where State Government itself entrusts matter to Lokayukta for investigation. Provisions of S. 8 are applicable only where based on complaint made by aggrieved person investigation is sought to be initiated by Lokayukta or Upa-lokayukta. In fact, this becomes amply clear by perusal of Section 9 of the Act which deals with provisions relating to complaints and investigation to be made by Lokayukta or Upa-lokayukta therefore where State Government referred matter for investigation to Lokayukta after being satisfied of illegality committed in transaction which was forthcoming from report submitting by C.O.D., Ss. 8 & 9 of Act would not be applicable to case and consequently bar of limitation for investig....