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S. MANIKUMAR, MURALI PURUSHOTHAMAN
P. L. Jacob, S/o. Late Lonappan – Appellant
Versus
District Registrar (General), Thrissur – Respondent
JUDGMENT :
S.Manikumar, J.
Instant writ petition is filed by the petitioner seeking for the following reliefs:
ii. Direct the Lok Ayukta to reconsider Ext. P3 complaint after affording petitioner an opportunity to implead the affected persons.”
2. Short facts leading to the filing of the writ petition are as under:
2.1. Petitioner has lodged a complaint before the Kerala Lok Ayukta on 16.02.2012, highlighting the misappropriation of Government properties, by creating title documents, with the active connivance of respondents therein – Government officials. Said complaint was taken on file by the Lok Ayukta on 25.04.2012.
2.2. The Lok Ayukta admitted the matter on 28.06.2012, and the respondents have filed their respective statements.
2.3. When the matter was taken up, the Upa Lok Ayukta, without acceding to the request of the petitioner to permit him to implead the affected persons, has dismissed the complaint vide Exhibit-P5 order dated 7.3.2014 in Complaint No.1085/2012, holding that the affected persons are not in the party array. Petitioner was not even p
Section 9 of the Act, 1999 deals with provisions relating to complaints and investigation.
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....
A quasi-judicial authority must observe natural justice by sharing complaint copies with affected parties. Investigating service-related allegations requires strict adherence to statutory limitation ....
Point of Law : Functions of Ombudsman - Lok Ayukta ought not have proceeded with any complaint or mal administration with regard to a public servant of a Local Self Government Institution.
Jurisdiction of Lok Ayukta in deciding complaints involving actions specified in Schedule II under Section 8(1)(b) of Kerala Lok Ayukta Act, 1999.
The Lok Ayukta lacks jurisdiction to issue binding orders in civil disputes, reaffirming that its role is limited to making recommendations.
Authorities under Acts, namely Upa Lok Ayukta, Human Rights Commission, Juvenile Justice Board, Civil Courts etc., should take note of observations and directions issued in judgment while considering....
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.
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