The court reinforced the Nagaland Lokayukta's authority to recommend administrative actions against public officials based on findings from suo moto investigations, emphasizing compliance with procedural legal standards.

JUDGMENT & ORDER :

SHAMIMA JAHAN, J.

This petition is filed under Article 226 of the Constitution of India for issuance of a writ of certiorari to set aside the impugned order dated 19.12.2019 passed by the Upa Lokayukta, Nagaland, Kohima in R.C Case No. 2/2013 registered under Section 409/420/120 B IPC. The petitioner had also challenged the impugned Show Cause Notice dated 15.07.2020 issued by the Deputy Commissioner, Dimapur, Nagaland in pursuance to the impugned order dated 19.12.2019.

It is the case of the petitioner that the Upa Lokayukta vide order dated 19.12.2019 had issued certain directions as well as recommendations in respect of two (2) enquiries conducted by him. The order dated 19.12.2019 makes it clear that the same were passed in respect of two (2) issues i.e., (1) In respect of rampant condemnation and dismantling of PWD quarters at Dimapur and (2) Irregular issue of Patta, regularization of land, extension and mutation of patta in PWD Colony, Dimapur. In respect of the first part, the Lokayukta after enquiries as well as upon consideration of various orders have issued directions as mentioned herein below:-

“Verify the buildings yet to be dismantled by the allotees out of the 42 write off buildings mentioned above and cancel the dismantle order issued by the then SDO (H)III and EE(H) Dimapur.

Re-work out the Depreciated Value of the buildings already dismantled and ensure deposit of the amount through challan to the Govt.

Write to the Deputy Commissioner Dimapur to cancel patta or allotment order issued against the emptied plots/land of the dismantled PWD building.

Verify and identify the allottees of the condemned building and those serving PWD Officers/employees and serving Govt. servants of other Department who has connived to get the allotment order of the dismantled building and land in their name or their kids and kin be punished as per the Rules of the Govt.

Verify the remaining standing PWD quarters at PWD colony Dimapur by a team of senior officials from Works & Housing Department (Housing Branch) along with the Deputy Commissioner Dimapur or his representative, RO DC Office Dimapur and LRSO Dimapur to determine the number of standing PWD building at PWD colony Dimapur, encroachments, illegal occupation etc and to find ways to stop unauthorized dismantling of PWD quarters and allotment of the emptied land in future.”

[2.] In respect of part – 2, recommendations were made by the Lokayukta as follows:-

“DC Dimapur is to take action on the cancellation of patta as mentioned in page 8, 9, 10 of this order and conduct thorough verification on the cases pointed out in page 10, 11, 12, 13, 14, 15, 16 & 17 of this order and streamlined the system and submit report to this court with 90 days.

It is recommended that:

the Department of Land Revenue constitute a committee which should include the DC/RO/EAC(R)/LRSO Dimapur and to be headed by a senior officer of the Department to carry out the recommendation given above and to completely streamline the land allotment system.

The competent authority of the Govt. i.e the Land Revenue Department should digitize the system of land allotment and come out with a process where the pattas issued by any officer in the District administration without the approval of the Land Revenue Department is not accepted by any authority including the banks.

The action taken report by the Department of Land, Revenue and Works &Housing shall be submitted to the Nagaland Lokayukta.”

[3.] It is apparent that the directions given in respect of Part-1 is that the Deputy Commissioner was directed to cancel patta or allotment order issued against the empty plots or dismantled PWD building as well as to verify and identify the allottees of the condemned building and serving officers who had connived and got the allotment order and that they are to be punished as per the rules of the Government. In the Part-2, the Deputy Commissioner, Dimapur was recommended to take action on the cancellation of patta and a