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IN THE HIGH COURT OF ALLAHABAD
ASHWANI KUMAR MISHRA, DONADI RAMESH
Arvind Kumar Singh – Appellant
Versus
Lok Ayukta Uttar Paradesh – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner, Sri ManasBhargava, learned counsel for the respondent no. 1 and learned Standing Counsel for the State respondents.
2. This writ petition has been filed with the prayer to issue a writ of mandamus commanding the first respondent to decide petitioner's complaint dated 29.5.2023, by passing a reasoned speaking order. The first respondent in this case is the Lokayukta, Uttar Pradesh, Lucknow. The complaint dated 29.5.2023, is in respect of appointment offered to the private respondent as Senior Assistant in the ofÏce of Deputy Labour Commissioner, Bareillly. According to petitioner the appointment has been obtained illegally.
3. While entertaining the writ petition doubts were expressed with regard to entertainability of a claim of this kind before the Up Lokayukta and to conduct investigation in this regard.
Following orders were passed in the matter on 27.2.2025:-
"Heard Sri Namit Srivastava, learned counsel for the petitioner and Sri Manas Bhargava, learned counsel for respondent no.1.
We adjourn the matter for the day in order to enable learned counsel for the petitioner to apprise the Court on the aspect relating jurisdiction of U
The Lokayukta lacks jurisdiction to investigate complaints regarding public servant appointments, which are excluded under the Uttar Pradesh Lokayukta Act, 1975.
The court upheld the Lokayukta's jurisdiction to investigate recruitment irregularities, clarifying that previous actions can impact public servants under statutory provisions.
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 Upa-Lokayukta has jurisdiction to investigate allegations of fraudulent qualifications affecting public service promotions, but such complaints are subject to statutory limitations as per the Nag....
Demotion of a civil servant lacks basis if educational qualifications are met at the time of regularization; Lokayuktha investigation scope does not cover recruitment inaccuracies.
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 government has the authority to refer corruption cases for investigation by the Lokayukta even if departmental inquiries are in progress, ensuring comprehensive enforcement of anti-corruption law....
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