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2025 Supreme(Online)(Del) 8036

IN THE HIGH COURT OF DELHI AT NEW DELHI


W.P.(C) 16035/2025, CM APPL.65698/2025 (for stay), CM APPL. 65699/2025 (for exemption) & CM APPL.65700/2025 (for exemption)


MUJAHAT ALI KHAN .....Petitioner


Through: Mr. Hitesh Kumar, Mr. Nishant Singh and Mr. Vishal Yadav, Advocates.


versus


LOKPAL OF INDIA THROUGH UNDER SECRETARY ....Respondent


Through: Mr. Nishant Katneshwar and Mr. Vijay Singh, Advocates


CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR


J U D G M E N T


HARISH VAIDYANATHAN SHANKAR, J.


Judgment reserved on: 04.11.2025

Judgment pronounced on: 14.11.2025

1. The present Writ Petition has been filed under Articles 226 and 227 of the Constitution of India, (COI) read with Section 151 of the Code of Civil Procedure, 1908, seeking quashing of the Orders dated 21.02.2025 and 23.09.2025, (Impugned Orders) passed by the Respondent- Lokpal of India, (Lokpal), as well as all consequential and further proceedings arising out of Complaint No. 190/2024 initiated against the Petitioner.

2. By the Impugned Order dated 21.02.2025, after considering the Preliminary Inquiry Report, the comments of the Competent Authority, the observations of the Investigating Officer, and the statements of the public servants, the learned Lokpal held that a prima facie case existed warranting a detailed investigation into the alleged manipulation of OMR sheets in favour of certain candidates in the Departmental Promotion Examination conducted by the West Central Railway. Accordingly, the Lokpal directed the Central Bureau of Investigation, (CBI) to conduct a deeper probe under Section 20(3)(a) of the Lokpal and Lokayuktas Act, 2013, (Lokpal Act).

3. Subsequently, upon receipt of the Investigation Report, by Order dated 23.09.2025, the Lokpal called upon the concerned public servants and the Competent Authority to furnish their comments in terms of Section 20(7) of the said Act.

BRIEF FACTS:

4. The Division Railway Manager’s Office, Kota (West Central Railway), conducted a Departmental Promotion Examination for the post of Chief Loco Inspector on 13.05.2023 and 17.05.2023. A total of 96 candidates participated, and the final result was published on 15.09.2023, wherein the Petitioner was declared successful.

5. On 06.09.2024, a complaint was lodged before the learned Lokpal alleging tampering of OMR sheets of the said departmental examination in exchange for Bribe. The complaint was registered as Complaint No. 190/2024.

6. On 20.09.2024, the Full Bench of the learned Lokpal, invoking powers under Section 20(1)(a) of the Lokpal Act, directed the Central Bureau of Investigation, (CBI) to conduct a Preliminary Inquiry into the allegations. The Preliminary Inquiry Report was submitted on 09.12.2024.

7. Thereafter, the Competent Authority submitted its comments, and upon consideration of the Preliminary Inquiry Report, the learned Lokpal passed an Order dated 15.01.2025, observing that a detailed investigation by the Investigating Agency would be necessary to ascertain the role and responsibility of the officials involved. In terms of Section 20(3) of the Lokpal Act, the learned Lokpal issued show cause notices to five officers of the West Central Railway, referred to as RPS-1 to RPS-5, to file written submissions and appear personally or through counsel on 12.02.2025.

8. The RPS-1 to RPS-5 filed their respective written submissions and appeared before the learned Lokpal on 12.02.2025. After considering their oral and written submissions, along with the observations of the Inquiry Officer, the learned Lokpal passed the first Impugned Order dated 21.02.2025. The Petitioner, however, was neither called for participation nor heard by the learned Lokpal prior to the passing of the said Order.

9. By the way of Impugned Order dated 21.02.2025, the learned Lokpal recorded certain critical findings which are as follows:

(i) Discrepancies had been confirmed between the original and carbon copies of OMR sheets as per the Central Forensic Science Laboratory, Bhopal, (CFSL).

(ii) The OMR sheets were in possession of the Evaluating Officer (RPS-2) when tampering was alleged, and

(iii) Telephonic communications existed between the candidate and the Evaluating Officer.

10. On this basis, the learned Lokpal concluded that there was a prima facie case suggesting manipulation of OMR sheets, which might have occurred through acts of commission or omission by one or more public servants. The learned Lokpal, therefore, invoked Section 20(3)(a) of the Lokpal Act and directed the CBI to carry out a detailed investigation. Learned Lokpal further directed

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