Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Rajiv Ranjan S/o Late N.N. Sinha – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. challenge to the initiation of inquiry based on anonymous complaint. (Para 2 , 3 , 4 , 5 , 10) |
| 2. discussion on the necessity of new materials for sanction review. (Para 6 , 7 , 8) |
| 3. government authority's limited role in the wake of lokayukta's directive. (Para 11 , 12 , 13) |
| 4. court's observations on the compliance with lokayukta act procedures. (Para 14 , 15 , 16 , 19 , 20 , 21 , 25) |
| 5. assessment of statutory requirements and adherence to procedural principles in inquiries. (Para 18) |
| 6. clarifying that the procedure under lokayukta act must be adhered to. (Para 22 , 24) |
| 7. conclusion quashing the ongoing criminal proceedings against the petitioner. (Para 26 , 27) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard learned counsel appearing for the petitioner, learned counsel for the respondents-State and learned counsel appearing for the respondent-Lokayukta.
2. Prayer in this writ petition is made for quashing of the letter dated 06.07.2023 contained in Annexure-20, which has been served upon the petitioner by letter dated 31.07.2023, by which, the petitioner has been informed that the State Government has granted sanction for institution of the preliminary enquiry against
The court ruled that inquiries initiated based on anonymous complaints violate statutory requirements, leading to quashing of proceedings due to improper legal process.
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....
Point of law : Report of the Upa-lokayuktha cannot be said to be without jurisdiction and the report made therein by itself does not affect any legal right on the petitioner therein. The action of th....
Natural Justice – Aim to rule of natural justice is to secure justice – These rules can operate only in areas not covered by any law validly made.
The FIR must disclose a prima facie case of commission of the alleged offenses. An investigation cannot be initiated without conducting a preliminary inquiry, which is mandatory as per the judgment o....
The court emphasized the independence of the Lokpal and the need for it to make an independent decision on whether an investigation was necessary, and found that the time limits for the preliminary i....
Compliance with statutory procedures is mandatory; failure to adhere to outlined procedures vitiates legal proceedings and investigations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
