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SUJIT NARAYAN PRASAD
Ram Yatan Ram S/o Late Dukha Ram – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. This writ petition is under Article 226 of the Constitution of India questioning the order dated 06.11.2013 passed by the Hon’ble Lokayukta in Complaint Case No. 01/Lok (Sikcha) 03/2011 wherein in exercise of power conferred under Section 12(3) and 10(1)(ka) of the Lokayukta Act, 2001, recommendation has been made for initiating departmental proceeding against the petitioner.
2. The brief facts of the case, as per the pleading made by the writ petitioner in the writ petition, which is required to be enumerated, reads hereunder as:
A complaint has been lodged in the office of the Hon’ble Lokayukta by the respondent no. 3 alleging therein that new primary school, Koriadih, Khurd has been established in the year 2003 against the norms as the same is situated at a distance of less than 01 Km from Koriadih, Middle School. It has been further alleged by the complainant that by making an establishment of fictitious school, misappropriation of government fund has been done towards mid-day meal, salary of teachers and construction of said school.
It has been also alleged that para teachers n
Proper consideration, involving active application of mind, is necessary when evaluating defense replies in cases involving allegations against public servants.
The main legal point established in the judgment is the requirement for active application of mind and proper consideration of the defense reply before making recommendations for instituting criminal....
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 ....
The doctrine of necessity applies to single-member statutory bodies, permitting the authority to perform functions despite allegations of bias, as the power to make final determinations cannot be del....
Compliance with statutory procedures is mandatory; failure to adhere to outlined procedures vitiates legal proceedings and investigations.
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....
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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