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2009 Supreme(Del) 599

AJIT PRAKASH SHAH, NEERAJ KISHAN KAUL
Office of Lokayukta – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Priya Kumar, Adv.
For Respondents/Defendant: Najmi Waziri, Rajiv Nanda, Anjum Zaved and Akash Pratap, Advs.

JUDGMENT

Ajit Prakash Shah, C.J.

.1. The present appeal arises from the order passed by the learned single Judge in Writ Petition (Civil) No. 699 of 2009 dated 13th March, 2009. By the order under appeal, the learned single Judge held that the Lokayukta is debarred from calling

.the records of any matter or case from the Government and its departments prior to issuance of notice to the public functionaries or what has been referred to as the pre-inquiry stage. The Lokayukta was directed that he shall first decide on the question of maintainability of the complaint and in case he decides to proceed with the matter, a formal notice shall be issued.

2. The facts necessary to decide the controversy in this case are set out as follows. A complaint was filed in the office of the Lokayukta on 8th October, 2008, under Section 9 of The Delhi Lokayukta and Upalokayukta Act, 1995 (Act for short), inter alia, with regard to purchase of Low-Floor buses by the Government of Delhi. On 17th November, 2008, the complaint was taken up by the Lokayukta and directions were issued to the complainant. The Government was also directed to produce the records relating to the process of issuance of tenders










































































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