Compliance with statutory procedures is mandatory; failure to adhere to outlined procedures vitiates legal proceedings and investigations.

JUDGMENT :

Dr. S.K. Panigrahi, J.

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.

2. The Petitioners in W.P.(C) No.19979 of 2023 and W.P.(C) No.21427 of 2023 have challenged order dated 18.5.2023 passed by the Lokayukta, Odisha in LY Case No.543/2021 and have further challenged the subsequent initiation of proceedings emanating therefrom on the basis of the Vigilance Inquiry report dated 23.3.2022 of the Inspector, Vigilance, Cuttack Division, Cuttack which is dehors the spirit of Odisha Lokayukta Act, 2014 (hereinafter referred to as “the Lokayukta Act” for brevity).

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.

4. While the Complaint Petitions leading to the LY Cases differ, what is curiously similar between the aforementioned three Writ Petitions is the question posed by them, i.e. whether Section 20 of the Lokayukta Act was followed, and if so, whether noncompliance with the procedure laid down therein will strike at the root of the proceedings.

5. Hence, the present Writ Petitions.

I. FACTUAL MATRIX OF THE CASE

6. The concise factual record of the cases, pertaining to the matters at hand, is presented succinctly as follows:

(i) In W.P.(C) No.19979 of 2023 and W.P.(C) No. 21427 of 2023:

a. A complaint petition was filed before the Lokayukta, Odisha which was registered as LY Case No.543 of 2021.

b. Upon passing the order dated 8.9.2021 of the Lokayukta, the Director, Vigilance, Odisha, Cuttack took up the preliminary enquiry of the matter and subsequently handed over the inquiry to Smt. Annapurna Sahoo, Inspector of Vigilance for inquiry in respect of 36 nos. of projects regarding misappropriation of funds in respect of MGNRGS funds under Kushapangi G.P. of Banki -Dampada Block.

c. In view of the above, the Bench of Lokayukta had issued notice by Registered Post with AD along with a copy of the complaint and a copy of the order to the Competent Authority, i.e., the Principal Secretary, Panchayati Raj and Drinking Water Department, Government of Odisha, asking him to submit his views on the same in line with the requirement prescribed in Section 20 (3) of the Lokayukta Act. The competent authority did not respond and without his views, on 28.6.2022, the enquiry officer submitted her report before the I.G., Vigilance, Odisha, Cuttack which has been subsequently submitted before the Lokayukta.

d. On accepting the inquiry report, the Lokayukta, Odisha on 12.10.2022 issued notice to the Petitioners for filing of explanation on the enquiry report. The Petitioners were thereafter called upon to participate in hearing.

e. The Lokayukta recommended to the Director, Vigilance, Odisha vide order dated 18.5.2023 in LY Case No.543 of 2021 for registration of the case and investigation, and further directed the Director, Vigilance to submit the investigation report within six months.

f. The present Petitioners are before this Court challenging the order dated 18.5.2023 inter alia on the ground that the procedure laid down in Section 20 (2) of the Lokayukta Act having not been followed, i.e. the Competent Authority not having given its views, no enquiry report ought to have been submitted and the sam