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REKHA PALLI, RAJNISH BHATNAGAR
Shibu Soren – Appellant
Versus
Lokpal of India – Respondent
JUDGMENT
Rekha Palli, J (Oral) - The present appeal under Clause X of the Letters Patent seeks to assail the order dated 22.01.2024 passed by the learned Single Judge in W.P. (C) 13213/2022. Vide the impugned order, the learned Single Judge has disposed of the writ petition filed by the appellant by rejecting his prayer for quashing of the complaint bearing no. C-38/2020- Lokpal pending before the respondent by holding that the respondent no.1 is yet to take a considered decision on the material provided by the CBI as to whether an investigation against the appellant is necessary.
2. Before dealing with the rival submissions of the parties, the brief factual matrix as emerging from the record may be noted.
3. The appellant is a sitting Member of Parliament in the Rajya Sabha from the State of Jharkhand and is also the president of Jharkhand Mukti Morcha, a state political party in Jharkhand. While the respondent no.1 is the Lokpal, the respondent no.2/Mr. Nishikant Dubey is a Member of Parliament in the Lok Sabha from Godda District, State of Jharkhand.
4. On 05.08.2020, a complaint bearing No. C-38/2020 was filed with the respondent no.1 by the respondent no.2 under The Lokpal and Lok
The Lokpal is required to consider whether a prima facie case exists before directing an investigation, and the decision on the complaint being barred by limitation need not be decided at the stage o....
The court emphasized the independence of the Lokpal and the need for it to make an independent decision on whether an investigation was necessary, and found that the time limits for the preliminary i....
The court ruled that a preliminary inquiry does not require prior notice to a public servant and that the Lok Ayukta can proceed without forwarding a copy of the complaint unless a formal investigati....
The Lokpal has the authority to refer matters to specialized agencies for inquiries and investigations, and interference in its proceedings should be avoided unless there is something palpably wrong ....
Natural Justice – Aim to rule of natural justice is to secure justice – These rules can operate only in areas not covered by any law validly made.
Compliance with statutory procedures is mandatory; failure to adhere to outlined procedures vitiates legal proceedings and investigations.
The court ruled that inquiries initiated based on anonymous complaints violate statutory requirements, leading to quashing of proceedings due to improper legal process.
The court held that a preliminary enquiry is not mandatory if the information discloses a cognizable offence, and the exclusion of relevant periods from investigation undermines credibility.
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