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B. P. COLABAWALLA
Cynthia Fernandes – Appellant
Versus
Goa Lokayukta – Respondent
JUDGMENT
1. Rule. With the consent of Parties, Rule made returnable forthwith and heard finally.
2. The present Writ Petition impugns the order dtd. 9/9/2022 passed by the Goa Lokayukta [Respondent No. 1] in Proceeding No. 3/2022 wherein the Goa Lokayukta has passed an ex-parte ad-interim order issuing certain directions to Respondent No. 5 [Director of Municipal Administration].
3. On 6/10/2022, this Court had stayed the implementation and execution of the impugned order till further orders and issued notice to all the Respondents. Accordingly, all the Respondents are represented by their respective Advocates.
4. The impugned order dtd. 9/9/2022 issues certain interim directions to the Director of Municipal Administration to take suitable action after hearing all the interested parties and pass an order within 30 days and report the action taken before the next date. It is contended by the Petitioner, and which according to me, is correct that the directions passed vide the impugned order are beyond the scope and jurisdiction of the Goa Lokayukta Act, 2011 and the Goa Lokayukta Rules, 2012.
5. In the above circumstances, the present Writ Petition is allowed and Proceeding No. 3/2022 pe
The court's decision was based on the finding that the directions issued by the Goa Lokayukta were beyond its scope and jurisdiction as defined by the Goa Lokayukta Act, 2011 and the Goa Lokayukta Ru....
The main legal point established in the judgment is that the competent authority must adhere to the provisions of the Karnataka Lokayukta Act, particularly Section 12(3), (4) and (5), and must not co....
The doctrine of merger and finality of orders under the Environment (Protection) act, 1986 were central to the court's decision.
The Court upheld the initiation of departmental proceeding based on Lokayukta's recommendation, citing precedent where interference with FIR was declined based on Lokayukta's finding.
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