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Can Lokayukta Challenge Administrative Tribunal's Quashing Of Penalty? Supreme Court Leaves Question Of Law Open

26 May 2025, 06:23 AM

The Supreme Court today left open the legal question - whether Lokayukta has locus to challenge an Administrative Tribunal's decision setting aside punishment of compulsory retirement imposed on a person for alleged corruption.

A bench of Justices Surya Kant and Dipankar Datta was dealing with the Lokayukta's plea against a Karnataka High Court order, which dismissed its challenge to Karnataka State Administrative Tribunal's quashing of an order of compulsory retirement (as punishment) passed against the respondent.

The bench noted that the disciplinary authority itself had not challenged the respondent's "exoneration" and the Lokayukta, a quasi-judicial authority, brought a challenge only because it was made party to the proceedings.

"You were not even required to be made a party, they have made you a party, that is why you are invoking [...] cases...you are saying Tribunal has committed error...has the disciplinary authority come? Been aggrieved? Who are You!? Once there is an acquittal by the criminal court in a Prevention of Corruption Act matter, when the demand and acceptance is not proved, how do you prove it in a disciplinary proceeding!?" remarked Justice Datta.

Ultimately, the petition was dismissed on account of a delay of 277 days, but the question of law left open.

Story to be updated.

Case Title: THE HONBLE LOKAYUKTA AND ORS. Versus MOHAN DODDAMANI AND ORS., Diary No. 17688-2025