Back
N. SESHASAYEE
K. R. Jayagopi – Appellant
Versus
Honourable Tamil Nadu Lokayukta, represented by its Registrar, SIDCO Corporate Office, Chennai – Respondent
JUDGMENT
(Prayer: Writ petition filed under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus calling for the records of the impugned order passed by the first respondent in R.No.3 of 2022 dated 02.03.2022 and quash the same and consequently direct the first respondent to take the complaint on record and conduct a detailed enquiry by issuing notice to all respondents by following the due process of law laid under the Tamil Nadu Lokayukta Act 2018 in letter and spirit.)
1. The petitioner herein challenges the order of the Lokayukta, the first respondent herein, dated 02.03.2022, passed in R.No.3 of 2022, by which it refuses to take cognizance of the complaint which the petitioner had preferred against respondents 2 to 6.
2. The case of the petitioner is that:
(a) The petitioner had preferred a complaint to the Lokayukta, alleging corruption, acts of malfeasance and impropriety committed by respondents 2 to 6 vis-a-vis the gift hampers distributed to the under privileged citizens throughout the State, during Pongal festival in January, 2022.
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 ....
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....
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....
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....
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....
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
