1984 Supreme(Bom) 283
C.S.DHARMADHIKARI, H.H.KANTHARIA
Vishwasrao Chudaman Patil (Dr. ) – Appellant
Versus
Lok Ayukta, State of Maharashtra & others – Respondent
Judgement Key Points
Key Points:
- The Lokayukta’s jurisdiction to entertain complaints when the matter involves an "allegation" under Section 2(b) and not merely a "grievance" under Section 2(d) is affirmed. (!)
- Rule 35 is held intra vires the Governor’s power under Section 20(1) and authorizes interim recommendations, which are not binding but require action by the competent authority. (!)
- A person directly affected by an interim stay order has locus standi to challenge the Lokayukta’s order. (!)
- Rule 35 permits interim directives that the status quo be maintained, interpreted in the context of enabling effective investigation and final reporting under Section 12. (!) (!)
- The petitioner’s writ petition challenging the Lokayukta’s stay order is dismissed with the rule discharged. (!)
What is the jurisdiction of the Lokayukta to entertain a complaint under the Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971?
What is the validity and scope of Rule 35 of the Maharashtra Lokayukta and Upa-Lokayuktas Rules, 1976 regarding interim stay or interim recommendations?
What is the locus standi of a petitioner or third party to challenge an interim stay order issued by the Lokayukta?
JUDGMENT - C.S DHARMADHIKARI, J.:---The petitioner had applied for an appointment to the post of Honorary Paediatrician in the District hospital at Dhule in pursuance of an advertisement issued by the Government of Maharashtra on 27th February, 1984. According to him, the State of Maharashtra had constituted a Selection Board as per the rules contained in the Maharashtra Honorary Medical Officers (Recruitment and Conditions of Services) Rules, 1976. The Selection Board scrutinised the applications of three candidates viz. the petitioner, respondent No. 2 Dr. Mudholkar and one Dr. Vikas Sonawane. They were also called for interview on 30th March, 1984 and 3rd April, 1984. The petitioner was selected by the said Selection Board and was thereafter appointed to the said post, vide appointment letter, dated 12th April, 1984. He joined his duties as an Additional Honorary Medical Officer on 13th April, 1984. Thereafter he received another letter from the Government of Maharashtra, dated 17th April, 1984, informing him that in view of the interim stay granted by the Lokayukta, his appointment stands suspended and, therefore, he should not join his duties as an Additional Honorary Medical
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