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2016 Supreme(P&H) 3306

RAMESHWAR SINGH MALIK
Ravinder Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner: Rajesh Garg, Ms. Nimrata Shergill
For the Respondent: Baldev Raj Mahajan, Lokesh Sinhal, Nikhil Goel, Mayank Aggarwal

JUDGMENT :

Rameshwar Singh Malik J.

Twin important questions of law, involved in the instant writ petition, that fall for consideration of this Court are:

(I) Whether the appointment of second respondent as Lokayukta for the State of Haryana amounts to "employment"?

(ii) Whether the office of Lokayukta Haryana comes "under the Government of State of Haryana" and the appointment of second respondent would be hit by the prohibition under Section 11 of the Armed Forces Tribunal Act, 2007 (‘AFT Act' for short)?

2. Feeling aggrieved against the appointment of second respondent as Lokayukta for the State of Haryana, vide warrant of appointment dated 5.4.2016 (Annexure P-1), followed by notification dated 20.7.2016 (Annexure P-6), petitioner has approached this Court by way of present writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Quo-Warranto. He also seeks a writ in the nature of Certiorari for quashing the appointment of second respondent as Lokayukta for the State of Haryana.

3. Notice of motion was issued vide order dated 29.8.2016 and in compliance thereof, written statement was filed on behalf of State of Haryana-respondent No.1. Separa























































































































































































































































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