The court emphasized the importance of following the procedural requirements outlined in the Odisha Lokayukta Act, particularly regarding the authority for preliminary inquiry and the timing of expressing a prima facie view.

JUDGMENT

1. This matter is taken up by video conferencing mode.

2. Heard Mr. Pitambar Acharya, learned Senior Advocate for the Petitioner and Mr. A.K. Parija, learned Advocate General assisted by Mr. M.S. Sahoo, learned Additional Government Advocate for the State-Opposite Parties.

3. The challenge in the present writ petition is the order dated 11th December, 2020 passed by the Odisha Lokayukta ("Lokayukta') in LY Case No. 1348 of 2020, which reads as under:

'This complaint dated 09.12.2020 is received from Ranjan Kumar Das, Deputy Superintendent of Police, Vigilance Cell Unit, Bhubaneswar wherein serious allegation of corruption is made against Dr. Pradeep Kumar Panigrahi, Member of Odisha Legislative Assembly of Gopalpur Constituency. The complaint is based on a secret verification of the Vigilance Cell. It is also supported by number of documents.

The complaint prima facie reveals that Dr.Pradeep Kumar Panigrahi by resorting to corrupt practice has amassed assets disproportionate to his known source of income.

We therefore by exercising powers conferred under section 20(1) of the Odisha Lokayukta Act, 2014 direct the Directorate of Vigilance, Odisha, Cuttack to conduct a preliminary inquiry against Dr. Pradeep Kumar Panigrahi and submit the report within two months. We also direct the Director of Vigilance to ensure that during the preliminary inquiry provisions of section 20(2) of the same Act are duly complied with. The Office shall immediately supply the relevant record to the Director of Vigilance for information and compliance.

List the matter on 12.02.2021 for submission of preliminary inquiry report.'

4. Mr. Pitambar Acharya, learned Senior Advocate appearing for the Petitioner points out that there are two major difficulties as far as the above order is concerned. He refers to Section 20 of the Odisha Lokayukta Act, 2014 ("Act'), which reads as under:

'20. (1) The Lokayukta, on receipt of a complaint, if it decides to proceed further, may order

(a) preliminary inquiry against any public servant by its Inquiry Wing or any agency to ascertain whether there exists a prima facie case for proceeding in the matter; or

(b) investigation by any agency or authority empowered under any law to investigate, where there exists a prima facie case.

Provided that any investigation under this clause shall be ordered only if in the opinion of the Lokayukta there is substantial material relating to the existence of a prima facie case or any earlier statutory investigation or enquiry regarding the same complaint reveals that a prima facie case exists.

Provided further that before ordering an investigation under this clause, the Lokayukta shall call for the explanation of the public servant and views of the competent authority, so as to determine whether there exists a prima facie case for investigation.

Provided also that a decision to order investigation under this clause shall be taken by a bench constituted by the Chairperson under section 16.

(2) During the preliminary inquiry referred to in subsection (1), the Inquiry Wing or any agency shall conduct a preliminary inquiry and on the basis of material, information and documents collected, seek the comments on the allegations made in the complaint from the public servant and competent authority and after obtaining the comments of the concerned public servant and competent authority, submit, within sixty days from the date of receipt of the reference, a report to the Lokayukta.

(3) A bench consisting of not less than three Members of the Lokayukta shall consider every report received under sub-section (2) from the Inquiry Wing or any agency and after giving an opportunity of being heard to the public servant, decide as to whether there exists a prima facie case, and make recommendations to proceed with one or more of the following actions, namely:

(a) investigation by any agency (including any special investigation agency);

(b) initiation of the departmental proceedings or any other appropriate actio