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2025 Supreme(Online)(AP) 14342
HIGH COURT OF ANDHRA PRADESH
Dhiraj Singh Thakur, CJ, Ravi Cheemalapati, J
Attipalli Prabhakar Reddy and Others – Appellant
Versus
Lok Pal India and Others – Respondent
Writ Petition No: 14585 of 2023 | W.P.Nos.7967, 7968 of 2024
For the Appellants/Petitioners: Mr. Venkat Challa
For the Respondents: Mr. P S P Suresh Kumar, Spl. Public Prosecutor for CBI
The investigation into procedural lapses surrounding loan disbursements was justified, as sufficient irregularities were noted without infringing on fundamental rights.
Headnote:The petitioners challenge the orders of the Lok Pal of India recalling investigations stemming from an anonymous complaint regarding loan sanction irregularities, citing a lack of specific allegations of corruption under the Lokpal Act, 2013. No sufficient reasons were presented to interfere with the preliminary inquiry and subsequent FIRs. The court determined the investigation was warranted, given the allegations of procedural lapses and involvement of multiple officials, thus concluding that the petitioners failed to substantively support their claims against the investigation orders.
| Table of Content |
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| 1. the court hears both sides regarding the validity of the complaint and investigation. (Para 6) |
| 2. investigation deemed necessary despite the petitioners' claims about lack of specific allegations. (Para 7) |
| 3. court finds sufficient basis for ongoing investigation and dismisses the petitions. (Para 8 , 9 , 10) |
(Per Sri Justice Ravi Cheemalapati)
Aggrieved by the orders dated 27.04.2023 and 11.07.2023 passed by the Division bench of Hon’ble Lokpal of India, the petitioners filed W.P.Nos.14585 of 2023. Pursuant to the issuance of impugned orders, CBI has registered FIR against the petitioners bearing No.RC2182024A0005 and RC2182024A0004 dated 21.02.2024, as such filed W.P.Nos.7967 & 7968 of
2024 respectively to quash the same.
2. The brief facts that led to filing of writ petitions follow under:
(a) The 1st respondent has considered an anonymous complaint filed against petitioners for sanctioning loan to 32 loan accounts from Vishnu Nivasam Branch and 9 loan accounts from Tirupati Branch in Chittoor District without following prescribed norms or without any authority and in collusion with the borrowers during December 2013 to 2017. In wake of internal investigation, the Bank has found few procedural lapses and registered FIR bearing No.10 of 2021 dated 30.03.2021 against 32 borrowers pertaining to Vishnu Nivasam Branch. The Bank has initiated departmental proceedings against the 2nd petitioner by imposing penalties for the lapses. As the petitioner no.1 and 3 were superannuated on 31.07.2014 and 31.07.2016 respectively, no departmental proceedings were initiated against them as per the Section 48(2) of the Bank Employee’s Pension Regulation Act, 1995 due to lapse of limitation period.
(b) In view of the above said compliant, the 1st respondent vide its order dated 07.07.2021 directed the 2nd respondent (CBI) to conduct preliminary investigation u/s 20(2) of the Lok Pal Act, 2013 (for short, ‘the Act, 2013’) and the CBI has submitted report vide CBI Policy Division Letter dated 14.09.2021. During the course of the preliminary inquiry, it was revealed that the Bank had also filed a complaint with respect to loans sanctioned by Tirupathi branch (09 accounts).
(c) Pursuant to the Preliminary Inquiry Report and the comments of the Competent authority as well as the concerned officers, the 2nd respondent-CBI arrayed the petitioners as Respondent Public Servant nos.1 to 3 (RPS) by duly issuing notices u/s 20(3)(a) of the Act, 2013 under its order dated 05.07.2022 wherein the petitioners have appeared before the Division Bench of 1st respondent and lodged their written submissions and argued at length. Pursuantly, the 1st respondent has passed the impugned order dated 27.04.2023 and directed the 2nd respondent to conduct investigation in terms of Section 20 (3)(a) of the Act, 2013 sans jurisdiction. Later on 11.07.2023, the 1st respondent had reiterated its orders for investigation in accordance with the provisions of Section 20 (5) of the LokPal and Lokayuktas Act, 2013. Assailing the same, the petitioners filed W.P.No.14585 of 2023. Pursuantly, the CBI registered FIR against the petitioners bearing No.RC2182024A0005 and RC2182024A0004 dated 21.02.2024 respectively; as such they filed W.P.Nos.7967 & 7968 of 2024 to quash the same.
3. Heard Sri Venkat Challa, learned counsel for the petitioners and Sri P.S.P.Suresh Kumar, learned Special P.P. for CBI.
4. As the writ petitions are connected, they are heard together and disposed of by passing this Common Order.
5. Learned counsel for the petitioners in elaboration to what has been stated in the affidavit would contend that, the 1st respondent, solely basing on an anonymous complaint passed the impugned order, where there was no specific allegation of Corruption and without considering that the Bank has initiated disciplinary proceedings against the petitioners who dealt with the disbursement of loans.
He further submitted that, a conjoint reading of Sections 2 (e) and
