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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Manas Kumar Kar – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. common questions of law in petitions. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner argues lack of evidence. (Para 7) |
| 3. state asserts compliance with procedure. (Para 8) |
| 4. court analyzes inquiry procedures. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. statutory procedure must be followed. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 6. court quashes previous orders. (Para 23) |
| 7. final orders on writ petitions. (Para 24 , 25) |
JUDGMENT :
1. Since common questions of law are involved in these Writ Petitions, the same were heard together and are being disposed of by this common judgment. This Court considers it apposite to deal with W.P.(C) No.19979 of 2023 as the leading case for proper adjudication of all the connected matters.
3. The Petitioners in W.P.(C) No. 21206 of 2022 challenge the order dated 29.4.2022 passed by the Lokayukta, Odisha in LY Case No. 540/2019 and have further challenged the subsequent initiation of proceedings emanating therefrom.
5. Hence, the present Writ Petitions.
6. The concise factual record of the cases, pertaining to the matters at hand, is presented succinctly as follows:
a. A complaint petition was filed before the Lokayukta, Odisha which was registere
Compliance with statutory procedures is mandatory; failure to adhere to outlined procedures vitiates legal proceedings and investigations.
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 expre....
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 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 Lokayukta is a necessary party in proceedings under the Meghalaya Lokayukta Act, 2014, affirming its quasi-judicial role.
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....
The Mizoram Lokayukta can initiate proceedings based on a Preliminary Enquiry Report, and the petitioner is entitled to receive the report for an adequate opportunity to respond.
The Lokayukta was barred from conducting a preliminary enquiry on the complaint of overstay in service under Section 9(1)(a) and Clause-(d) to the Second Schedule of the Act.
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