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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, CJ, S.MANU, J
T.K. PAVITHRAN – Appellant
Versus
KERALA LOK AYUKTA AND ANOTHER – Respondent
JUDGMENT :
Nitin Jamdar, C.J.
The Petitioner was the complainant before the Kerala Lok Ayukta.
He had filed Complaint No.2723 of 2005 against the 2nd Respondent, who was the President of the Indira Gandhi Co-operative Hospital, Thalassery, alleging financial misdemeanour and illegal accumulation of properties. The 2nd Respondent filed a counter affidavit before the Lok Ayukta and denied the contentions raised by the Petitioner in the complaint. It is contended that no illegalities were committed by him, as alleged by the Petitioner, and that the Petitioner had not filed the complaint bonafide, but out of political rivalry. The Lok Ayukta, by order dated 19 May 2008 dismissed the complaint filed by the Petitioner.
2. Thereafter, the 2nd Respondent filed an application – I. A. No.415 of 2008 seeking permission to file a complaint against the Petitioner before the Court of Judicial First Class Magistrate, Thalassery under Section 21(3) of the Kerala Lok Ayukta Act, 1999 (the Act of 1999). The Lok Ayukta, by Ext.P11 order dated 21 October 2008, allowed the application filed by the 2nd Respondent and granted permission under Section 21(3) of the Act of 1999 to prosecute the Petitioner/Compl
The dismissal of a complaint does not automatically warrant prosecution for false complaint under Section 21(3) of the Kerala Lok Ayukta Act; clear reasoning for malicious intent is required.
The Lok Ayukta lacks jurisdiction to issue binding orders in civil disputes, reaffirming that its role is limited to making recommendations.
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.
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.
Once the court comes to the conclusion that the authority concerned was acting within the scope of its powers and had some material, however meagre, on which it could reasonably base its opinion, the....
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