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2003 Supreme(Del) 543

S.K.MAHAJAN
WERM INDIA LIMITED – Appellant
Versus
LOKAYUKTA – Respondent


Advocates Appeared:
A.S.CHANDHIOK, AVINASH AHLAVAT, GITA MITTAL, MADAN BHATIA, MANMIT ARORA, SANAT KUMAR BISWAS

S. K. MAHAJAN, J.

( 1 ) THE present petition raises the question about the scope and ambit of the powers and extent of jurisdiction of the Lokayukta under the Delhi Lokayukta and Upalokayukta Act, 1995 (hereinafter referred to as "the Act" ). The petitioner has filed this petition to challenge the report of the Lokayukta on the ground that he had no jurisdiction to inquire into the allegations against the private individuals nor could be widen the scope of inquiry so as to inquire into a matter for which he has not issued notice to the public functionaries. Under Section 7 of the Act, the Lokayukta has jurisdiction to inquire into the allegations made against a public functionary in relation to whom either the President or the Lieutenant Governor is the competent authority. The public functionary is defined in Section 2 (m) of the Act and the same does not include any private individual or a company which is not a Government company. The "allegations" into which the inquiry can be initiated by the Lokayukta are defined in Section 2 (b) of the Act. The challenge of the petitioner to the report of the Lokayukta, therefore, is that as under the Act he had no jurisdiction to inquire in























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