WG CDR G B ATHRI (RETD) vs. THE SANCTIONING AUTHORITY

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WP/9338/2013HC KarnatakaKAHC01007153201321 August 2018Bench: ARAVIND KUMAR3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the writ petition as withdrawn. It granted liberty to the petitioner to pursue their grievance in accordance with law, but clarified that this does not allow reopening a previous complaint.

What were the facts?

The petitioner filed a writ petition seeking a direction for the CBI or COD to investigate disproportionate assets of the Home Minister of Karnataka. The petitioner later filed a memo to withdraw the writ petition.

What were the issues?

Whether the court should direct an investigation into alleged disproportionate assets of a minister. The issue of withdrawal of the writ petition and the scope of liberty granted.

Which sections of the Income-tax Act were involved?

Section 227

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 21st DAY OF AUGUST, 2018

BEFORE

THE HON'BLE MR. JUSTICE ARAVIND KUMAR

WRIT PETITION NO.9338/2013 (GM-RES)

BETWEEN:

WG CDR G.B. ATHRI (RETD.) SON OF LATE S.N. GANESHA ATHRI, AGED ABOUT 58 YEARS, RESIDING AT NO.52, “DHATRI”, 3RD CROSS, SARASWATHIPURA, BANNERGHATTA ROAD, BANGALORE-560076. …PETITIONER (BY SRI.G.R. MOHAN, ADV.,)

AND:

1.

THE SANCTIONING AUTHORITY UNDER PREVENTION OF CORRUPTION ACT AND GOVERNOR OF KARNATAKA, RAJ BHAVAN, BANGALORE-560001 REPRESENTED BY SECRETARY TO THE HON’BLE GOVERNOR.

2.

THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE-560001.

3.

SHRI S. RAVI (DELETED VIDE ORDER DATED 15.3.2003) DIRECTOR GENERAL (INVESTIGATION) INCOME TAX DEPARTMENT QUEENS ROAD, BANGALORE-560001.

4.

MR. R. ASHOKA HON’BLE DEPUTY C.M. AND MINISTER FOR HOME AFFAIRS, SON OF LATE RAMAIAH, NO.123, SHREE NILAYA, GRAPE GARDEN SHARADAMBA NAGARA, JALAHALLI, BANGALORE-560013. … RESPONDENTS (BY SRI.S.S.SRINIVAS RAO, ADV., FOR R1 SMT. H.C.KAVITHA, HCGP., FOR R2 SRI K.V. ARAVIND, ADV., FOR R3 SMT. NALINA MAYE GOWDA, ADV., FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT COD OR CBI TO CARRY OUT INVESTIGATIONS IN TO THE DISPROPORTIONATE ASSETS OF FOURTH RESPONDENT, SINCE THE FOURTH RESPONDENT IS A HOME MINISTER AND IN CHARGE OF POLICE ESTABLISHMENT IN THE STATE OF KARNATAKA AND ETC.,

WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Learned counsel for the petitioner has filed a memo for disposal of withdrawal of the writ petition with liberty to approach the Hon’ble Lokayuktha.

2.

Memo is placed on record.

3.

Writ petition is hereby dismissed by granting liberty to petitioner to pursue his grievance in accordance with law. However, it is made explicitly clear

that granting of liberty shall not be construed as petitioner having been conferred to re-open the complaint No.COMP/LOK/BCD/ 513/2011/ARE-2 for further investigation and in that regard no opinion is expressed.

SD/-

JUDGE

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