SUPREME COURT OF INDIA
(Andhra Pradesh High Court)
N P Singh, S B Majmudar
INSTITUTION OF A. P. LOKAYUKTA/UPA-LOKAYUKTA, A. P. AND OTHERS, APPELLANTS
VERSUS
T. RAMA SUBBA REDDY AND ANOTHER, RESPONDENTS.
Civil Appeals Nos. 2020-2024 of 1986
decided on December 13, 1996.
Constitution of India,1950 – Article 133(1) and 311 - Road Transport Corporations Act, 1950 – Section 7(1)(vi),2(k),2(a),2(i) and 2(k)(v)(5) - Andhra Pradesh Cooperative Societies Act, 1964 - Cooperative Societies - Writ of mandamus - Imposition of penalty of removal - These five appeals arise on certificates of fitness granted by High Court of Andhra Pradesh at Hyderabad under Article 133(1) of the Constitution of India - They bring in Challenge on behalf of Institution of Lokayukta/Upa-Lokayukta and the State respectively, a common judgment rendered by said High Court in five writ petitions moved by writ petitioners who are contesting respondents in these appeals - Common question of jurisdiction of Lokayukta/Upa-Lokayukta functioning under the Andhra Pradesh Lokayukta Act, 1983 to entertain complaints regarding impugned actions of writ petitioners falls for consideration in these appeals - For appreciating aforesaid question background facts leading to these proceedings deserve to be noted - Original writ petitioner who is contesting respondent in this appeal was at relevant time Chief Executive Officer of Andhra Pradesh State Cooperative Union Limited duly registered under provisions of Andhra Pradesh Cooperative Societies Act, 1964 - A complaint was filed against his functioning as Chief Executive Officer by one - It was received by Lokayukta functioning under Act – Held, court find that once the report is forwarded by Lokayukta or Upa-Lokayukta recommending imposition of penalty of removal from office of a public servant, all that is provided is that it should be lawful for the Government without any further inquiry to take action on the basis of the said recommendation for the removal of such public servant from his office and for making him ineligible for being elected to any office etc - Even if it may be lawful for the Government to act on such recommendation, it is nowhere provided that Government will be bound to comply with recommendation of the Lokayukta or Upa-Lokayukta - Question may arise in a properly-instituted public interest litigation as to whether the provision of Section 12(3) of Act implies a power coupled with duty which can be enforced by a writ of mandamus by the High Court or by writ of any other competent court but apart from such litigations and uncertainty underlying results thereof, it would be more appropriate for legislature itself to make a clear provision for due compliance with report of Lokayukta or Upa-Lokayukta so that public confidence in the working of the system does not get eroded and these institutions can effectively justify their creation under the statute - As a result of the aforesaid discussion, it must be held that all original writ petitioners whose writ petitions came to be allowed by High Court were rightly held to be outside purview and jurisdiction of Lokayukta functioning under the Act - These appeals are liable to fail and are accordingly dismissed.
JUDGMENT
S. B. MAJMUDAR, J. - These five appeals arise on certificates of fitness granted by the High Court of Andhra Pradesh at Hyderabad under Article 133(1) of the Constitution of India. They bring in Challenge on behalf of the Institution of Andhara Pradesh Lokayukta/Upa-Lokayukta and the State of Andhra Pradesh respectively, a common judgment rendered by the said High Court in five writ petitions moved by the writ petitioners who are contesting respondents in these appeals. A common question of jurisdiction of the Lokayukta/Upa-Lokayukta functioning under the Andhra Pradesh Lokayukta Act, 1983 (hereinafter referred to as "the Act") to entertain complaints regarding the impugned actions of the writ petitioners falls for consideration in these appeals.
2. For appreciating the aforesaid question the background facts leading to these proceedings deserve to be noted. Civil Appeal No. 2020 of 1986 moved by Lokayukta and Upa-Lokayukta, Andhra Pradesh arises out of the decision of a Division Bench of the High Court in Writ Petition No. 16716 of 1984. The original writ petitioner who is the contesting respondent in this appeal was at the relevant time Chief Executive Officer of the Andhra Pradesh State Cooperative Union Limited duly registered under the provisions of the Andhra Pradesh Cooperative Societies Act, 1964. A complaint was filed against his functioning as Chief Executive Officer by one A. Pratap Reddy. It was received by the Lokayukta functioning under the Act on 6-3-1984. The contesting writ petitioners objection before the Lokayukta that he had no jurisdiction to entertain the complaint was rejected by order dated 17 11-1984. The said order was brought in challenge by the respondent-writ petitioner before the High Court in the aforesaid writ petition. A Division Bench of the High Court took the view that the Lokayukta had no jurisdiction to entertain the said complaint. Accordingly the writ petition was allowed and proceedings before the Lokayukta were quashed giving rise to the present appeal.
3. Civil Appeal No. 2021 of 1986 is moved by the State of Andhra Pradesh being aggrieved by similar decision rendered by the very same Division Bench of the High Court in Writ Petition No. 1883 of 1985. That writ petition was moved by the contesting respondent who was Divisional Manager of the Andhra Pradesh State Road Transport Corporation constituted by the State of Andhra Pradesh under the Road Transport Corporations Act, 1950 (hereinafter referred to as "the Corporations Act" which is a Central Act. The said writ petitioner challenged the proceedings before the Lokayukta resulting from a complaint filed against his working as such. He raised an identical contention that the Lokayukta had no jurisdiction to entertain such a complaint against him and to pass any orders thereon. This contention was accepted by the Division Bench by the aforesaid common judgment and that is how the State of Andhra Pradesh being aggrieved by the said decision of the High Court has prosecuted this appeal.
4. In Civil Appeal No. 2022 of 1986 the State of Andhra Pradesh has brought in challenge the very same common decision of the Andhra Pradesh High Court in Writ Petition No. 4562 of 1985 moved by the original writ a petitioner-contesting respondent herein who was at the relevant time working as a doctor in the dispensary run by the Andhra Pradesh State Road Transport Corporation. It was contended by the writ petitioner that proceedings initiated against him before the Lokayukta could not be entertained by the Lokayukta having no jurisdiction to proceed with such a complaint against him. The Division Bench upheld that contention of the respondent-writ petitioner. That has been the subject-matter of challenge in this appeal by the State.
5. Civil Appeal No. 2023 of 1986 is also moved by the State of Andhra Pradesh being aggrieved by the decision rendered by the same Division Bench in Writ Petition No. 10217 of 1985 whereunder the writ petition of t
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.