New govt should not revoke investigations ordered by previous administrations: Karnataka HC
The Karnataka High Court upholds ongoing probes into public fund misuse linked to the NREGA scheme, rejecting abrupt halts due to government changes. Ruling urges accountability, allowing a two-month window for authorities to reconsider prosecution approvals, emphasizing continuity in investigations despite political shifts. This stance aims to ensure transparency and diligence in addressing the alleged misappropriation of public funds by government officials.
FollowIn a significant ruling, the Karnataka High Court has underlined the importance of continuity in investigations into alleged misappropriation of public funds by government officials. The bench, led by Justice M. Nagaprasanna, emphasized this stance while addressing a petition filed by Mallaya Koravanavar, the Assistant Director of Agriculture in Gadag District. Koravanavar faces charges of orchestrating fake bills and unauthorized payments linked to the Mahatma Gandhi National Employment Guarantee (NREGA) scheme.
The case sheds light on a larger issue involving the misappropriation of hundreds of crores of public money by government servants across various districts in Karnataka between 2007 and 2014, particularly in the execution of the NREGA scheme. The illicit actions included the creation of counterfeit bills for work that was never executed, leading to the unauthorized allocation of public funds.
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The bench expressed concern over the tendency of successive governments to rescind orders for inquiries initiated by their predecessors against government servants implicated in the mismanagement of public funds. The court articulated that such actions, withdrawing investigations immediately after a change in government, should not be condoned.
The case's timeline reveals the intricacies of the matter. In 2013, the Comptroller and Auditor General (CAG) issued a report uncovering the misuse of funds under the NREGA scheme in eight districts, including Gadag and Bellary, between 2007 and April 2012. Subsequently, in September 2014, the then-Congress-led state government directed the Lokayukta to probe the matter based on the CAG's report, implicating the petitioner, then an agricultural officer in Gadag.
The Lokayukta police carried out an extensive eight-year investigation, culminating in a charge sheet filed on May 5, 2022, with prior approval from the Agriculture Commissioner to prosecute the petitioner. Amidst legal proceedings, on June 17, 2022, the High Court issued a stay order in response to the petitioner's plea seeking the cancellation of prior prosecution approval granted by the Agriculture Commissioner.
However, complicating matters, on March 28, 2023, the subsequent BJP-led government issued an order to revoke the 2014 directive that had entrusted the Lokayukta with investigating the case, while the petition was still under judicial review.
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In the recent hearing, the High Court partially granted relief to the petitioners, acknowledging the withdrawal of the investigation ordered by the government. Consequently, immediate closure of the ongoing investigations against them was ruled out, underscoring that charges should not be altered simply due to changes in government. Yet, the court noted that the prosecution approval granted to the petitioner had lost validity post the government's order on March 28, 2023.
In light of the court's observations, the Government and the Competent Authority were granted a two-month window to reconsider and potentially reinstate permission for prosecution, aligning with the High Court's expressed stance on the matter. This ruling marks a crucial step in ensuring continuity and accountability in investigations related to misappropriation of public funds, irrespective of changes in government.
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