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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUVIR SEHGAL
Hari Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
SUVIR SEHGAL, J.
1. Petitioner has approached this Court inter alia, for quashing report dated 15.06.2021, passed by Lokayukta, Haryana, respondent No.4, Annexure P-5, as well as orders dated 24.08.2021 and 13.10.2021, Annexures P-7 and P-8, passed by official respondents, whereby, a Committee has been constituted/re-constituted to conduct an inquiry in compliance of report, Annexure P-5.
2. Brief facts leading to filing of the petition may be noticed. Petitioner retired from the post of Deputy Director in the Department of Technical Education on 30.06.2018, after rendering more than 34 years of service. Respondent No.6-complainant was working as a Lecturer in Mechanical Engineering in the same department. Disciplinary proceedings were initiated against him for various acts of omission and commission, while he was posted at Government Polytechnic, Jhajjar. On the basis of an inquiry report, he was dismissed from service w.e.f. 17.04.2013. He lodged an FIR bearing No.319 dated 18.06.2018, leveling fabricated allegations against petitioner and FIR was cancelled. Respondent No.6 filed a complaint bearing No.87 of 2014 before Lokayukta, Haryana, against petitioner and some othe
The Lokayukta has no jurisdiction to investigate matters relating to the disciplinary actions of public servants as stipulated in Section 8 of the Karnataka Lokayukta Act.
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....
Compliance with statutory procedures is mandatory; failure to adhere to outlined procedures vitiates legal proceedings and investigations.
The Lokayukta has locus standii to challenge Tribunal orders affecting its statutory duties, emphasizing the need for compliance with procedural norms in disciplinary proceedings.
The court upheld the Lokayukta's jurisdiction to investigate recruitment irregularities, clarifying that previous actions can impact public servants under statutory provisions.
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....
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