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S. MANIKUMAR, MURALI PURUSHOTHAMAN
Regional Cancer Centre Employees Co-Operative Society Ltd. , Represented By Its Secretary, Udayakumar K. R. , S/o. Raveendranathan Nair – Appellant
Versus
Jayanthi D. , D/o. Devaki G. – Respondent
JUDGMENT :
[Murali Purushothaman, J.]
1. Since common issues arise for consideration in these writ petitions, they are disposed of by this common judgment. For the sake of convenience, unless otherwise specifically indicated, the status of the parties and the exhibits referred to hereinbelow shall be as obtaining in W.P.(C) No.1948/2021.
2. The Regional Cancer Centre Employees Co-operative Society (hereinafter referred to as ’Society’), a Society registered under the Kerala Co-operative Societies Act, 1969, has filed the writ petitions challenging Ext.P5 common order passed by the Kerala Lok Ayukta (‘Lok Ayukta’ for short) in Complaint Nos.1060/16B and 1062/16C preferred by the 1st respondent in the above writ petitions respectively (hereinafter referred to as ‘complainants’).
3. The short facts necessary for the disposal of the writ petitions are as follows :
The complainants were Class-IV employees working as Cleaners in the Regional Cancer Centre (RCC), Thiruvananthapuram. They received a letter dated 25.10.2014 from the Society informing that they had stood as sureties to Smt. Ambika Devi, the 2nd respondent, another Class-IV employee of the RCC (hereinafter referred to as ‘loa
Clause (c) of Section 8(1) of 2nd schedule to Act excludes from jurisdiction of Lok Ayukta, cases of contracts having commercial relations.
The Lok Ayukta lacks jurisdiction to issue binding orders in civil disputes, reaffirming that its role is limited to making recommendations.
The power of review is a creature of the statute and no court or quasi- judicial body or administrative authority can review its judgment or order or decision unless it is legally empowered to do so.
The Lok Ayukta lacks jurisdiction to issue orders against university officials without proper allegations as defined in the Kerala Lok Ayukta Act.
Eligibility for benefits under the Risk Fund Scheme requires prior membership and compliance, which was not established in this case.
Section 7 of Lok Ayukta Act provides for matters which may be investigated by Lok Ayukta.
Section 9 of the Act, 1999 deals with provisions relating to complaints and investigation.
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