Karnataka HC Revives Lokayukta Enquiries Against Two Promoted Inspectors, Bars Demotion Solely For Pending Probe

In brief

The question

1. Whether the Tribunal’s orders quashing the enquiry-entrustment orders and articles of charge should be set aside in light of the High Court’s subsequent decision in W.P. No. 5601/2022 and the dismissal of the special leave petitions against it.

The court held

The Court allowed both writ petitions and set aside the Tribunal’s orders dated 19 November 2019 and 3 December 2018.

It also directed

It directed the Karnataka Lokayukta to proceed with the enquiries and required the officers to cooperate; the enquiries were to be completed as expeditiously as possible, within six months from their appearance on 30 October 2026.

The officers were not to be demoted solely because of the pending enquiries, and their promotions remained subject to the enquiries’ outcomes.

01Facts

The Karnataka Lokayukta challenged two Karnataka Administrative Tribunal orders that had quashed enquiry-entrustment orders dated 3 August 2012 and consequential articles of charge issued in July 2015 against the respective police officers.

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The Tribunal had relied on its earlier order in Application No. 8263/2015.

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That earlier order was subsequently set aside by the High Court in W.P. No. 5601/2022, which directed that the enquiry be completed; the Supreme Court dismissed the respondents’ special leave petitions against that decision.

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The officers did not dispute the relevance of those subsequent orders but sought protection concerning their promotions while the enquiries remained pending.

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02Issues

i.1. Whether the Tribunal’s orders quashing the enquiry-entrustment orders and articles of charge should be set aside in light of the High Court’s subsequent decision in W.P. No. 5601/2022 and the dismissal of the special leave petitions against it.

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ii.2. Whether the officers should be protected from demotion on account of the pending enquiries until their completion.

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03Law Applied

The Court identified no statute or independent legal doctrine as the basis for its decision. It applied the effect of its prior order in W.P. No. 5601/2022, which set aside the Tribunal’s earlier decision and directed completion of the enquiry, as well as the Supreme Court’s dismissal of the special leave petitions challenging that order.

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It also followed the directions in the related order dated 15 September 2026 in W.P. No. 7663/2020 concerning protection from demotion pending enquiry.

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04Reasoning

The Tribunal’s orders rested on an earlier Tribunal decision that had since been set aside by the High Court, whose direction to complete the enquiry had been left undisturbed by the Supreme Court.

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In light of those subsequent proceedings—and the parties’ submissions—the Court set aside the two Tribunal orders and directed the Lokayukta to proceed with the enquiries.

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It preserved the officers’ promotions pending completion of the enquiries, while making those promotions subject to the enquiries’ outcomes.

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