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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SESHASAYEE
N.Raja – Appellant
Versus
Inspector of Police Vigilance and Anti-Corruption Wing – Respondent
| Table of Content |
|---|
| 1. arguments on jurisdiction and ombudsman act (Para 2 , 3 , 4) |
| 2. analysis on validity of prior orders (Para 5 , 6 , 7 , 8) |
| 3. interpretation of the ombudsman act regarding jurisdiction (Para 10 , 11) |
| 4. assessment of cited cases' relevance (Para 12) |
| 5. dismissal of petitions and closure of proceedings (Para 13) |
N. SESHASAYEE, J.
1.1 These revision petitions are preferred challenging separate Orders passed by the Special Court for Prevention of Corruption Act (Chief Judicial Magistrate Court), Cuddalore, in Crl.M.P.No.622 of 2021 in Special C.C.No.4 of 2020. They were taken out by A3 and A2 under Sec.239 Cr.P.C.
1.2 The revision petitioners in Crl.R.C.1049 of 2024 and 1268 of 20024 respectively are the Executive Engineer of Trichy Town Panchayat and the Assistant Executive Engineer in Cuddalore Town Panchayat. The rest of the facts are:
In 2016-2017, Thittagudi Town Panchayat, a local body in Cuddalore District had undertaken a project for laying road in Thittagudi Panchayat, where both these petitioners were entrusted with the responsibility of supervising the work.
While so, a whistle blower preferred a complaint to the Vigilance and Anti-Corruption Cell allegi
The powers of the court to register a case under the Cr.P.C. are not compromised by the Local Bodies Ombudsman Act, reaffirming that prior court orders remain valid unless explicitly overturned.
The main legal point established in the judgment is that the Ombudsman's jurisdiction is limited by the provisions of the Tamilnadu Local Bodies Ombudsman Act 2014, particularly with regard to enquir....
The Ombudsman lacks jurisdiction to adjudicate private civil disputes; such matters must be resolved in civil courts.
The Ombudsman's jurisdiction is limited to investigating allegations of corruption or maladministration and cannot adjudicate on private disputes. Availability of other remedies before the Tribunal a....
The Ombudsman must thoroughly investigate allegations of maladministration under the Kerala Panchayat Raj Act, as failure to do so undermines the procedures for addressing public grievances.
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 Ombudsman for Local Self Government cannot make observations beyond the confines of stipulated powers regarding disputes.
It is well settled law that if a judgment is referred to a larger Bench, proposition of law so enunciated in judgment does not lose its efficacy and it continues to remain a binding precedent till ov....
The Ombudsman cannot investigate complaints concerning building permits that are intertwined with matters adjudicated by a designated Tribunal, emphasizing the need to adhere to jurisdictional bounda....
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