In a verdict that would result in precluding of Upalokayukta-II Subhash B. Adi from discharging his functions, the High Court of Karnataka on Wednesday refused to interfere in the process initiated by the Legislative Assembly for his removal from the post based on allegations against him.
In his verdict, Justice Raghvendra S. Chauhan held that the judicial review of the proceedings, initiated for removal of an Upalokayukta, was not permissible until the order was passed by the Governor as per the provisions of the Karnataka Lokayukta (KL) Act 2015.
The court agreed with the contention raised by the Legislative Assembly Secretariat that the procedure for removal of Lokayukta or Upalokayukta as provided under Act, though not similar, but akin to the provisions of Judges (Inquiry) Act, 1968, which provides for removal of judges, and since judges have no right to avail judicial review of removal process till order of their removal was passed, even Mr. Adi has no right to seek judicial review at this stage.
The Secretariat had relied on the apex court’s verdict in the case of Sarojini Ramaswamy vs. Union of India of 1992, which had held that the judge, against whom the motion is moved for removal, has no right to avail judicial review until motion for removal of judges is adopted by the requisite majority by Parliament and culminating in the order of removal by the President of India
Accepting these contentions, the court dismissed the petition filed by Mr. Adi, a former judge of the High Court.
