SHRI SHASHI SHEKHAR PRASAD – Appellant
Versus
LOKPAL OF INDIA – Respondent
W.P.(C) 12845/2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 17.02.2026 Date of decision: 06.04.2026 + W.P.(C) 12845/2025 SHRI SHASHI SHEKHAR PRASAD .....Petitioner Through: Mr. Apurv Kurup, Sr. Adv. with Mr.
Kanu Agrawal, Ms. Mehak Kumar, Mr. Gaurav Vats, Mr. Akhil Hasija & Ms. Nidhi Mittal, Advs.
versus LOKPAL OF INDIA AND ORS .....Respondents Through: Mr. Nishant R. Katneshwarkar with Mr. Vijay Singh Mehra & Mr. Shrirang Katneshwarkar Advs. R-1/
Lokpal of India.
Mr. Anupam S. Sharma, SPP with Mr. Vashisth Rao, Ms. Amisha P. Dash, Ms. Riya Sachdev & Mr.
Deepak Rawat, Advs. for R-2/CBI.
Mr. Premtosh K. Mishra, CGSC with Mr. Shrey Sharma, Mr. Anubhav Upadhyay, Mr. Arpit Bamal, Advs.
for R-3/UoI.
Mr. N. Venkataraman, ASG with Mr. Anurag Ojha, Sr. SC for R-4.
Mr. Abhimanyu Bhandari, Sr. Adv. with Ms. Rooh-e-hin Dua, Mr. Harshit Khanduja, Ms. Shreya Arora, Mr. Ricky Chaudhary and Ms. Aroha Kadyan, Advocates for R-5.
CORAM:
HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE RENU BHATNAGAR
J U D G M E N T
1. The Petitioner prays for a writ of certiorari for quashing of the Order dated 24.07.2025 passed by Respondent No.1/The Lokpal of India. By the impugned order, the Lokpal has directed an investigation under Section 20(3) of the Lokpal and Lokayuktas Act, 2013 (“the Act”) by the Respondent No.2/Central Bureau of Investigation (CBI) against the Petitioner and certain other custom department officials from Kolkata [Kolkata RPSs] impleaded as respondents.
2. The facts, inter alia, are that the Respondent No.5, the complainant before the Lokpal, is alleged to have masterminded a huge smuggling syndicate controlling more than 20 dummy firms. Over the period several show-cause notices were issued to Respondent No.5 proposing confiscation of goods and raising demands running into several hundred crores of rupees. At the relevant time, the petitioner was serving as Senior Intelligence Officer, Directorate of Revenue Intelligence (DRI), Delhi Zonal Unit, Ministry of Finance, and was part of the investigation team of the said matter. Respondent no.5 lodged a Complaint bearing no. 196/2024, before the Lokpal on 13.09.2024 alleging corruption, misuse of office and other misconduct against the petitioner and Kolkata RPSs. By an order dated 27.09.2024 passed under Section 20(1) of the Act, the Lokpal directed a preliminary inquiry by the CBI against all officials. The CBI after conducting a thorough inquiry, and finding no material against the Petitioner, submitted its preliminary inquiry report dated 11.12.2024 in his favour. The report, however, did not absolve the Kolkata RPSs. The Lokpal thereafter sought comments from the Director General of Vigilance (DGoV), who concurred with the findings of the CBI. The DGoV endorsement was also accepted by the Finance Minister of India, as the Competent Authority of the Ministry of Finance.
3. After taking into consideration the findings of preliminary inquiry report and the defence of only the Kolkata RPSs, the Lokpal by its Order dated 21.05.2025, issued show-cause notice under Section 20 (3) of the Act to the Kolkata RPSs, but along with the same the Lokpal also added the petitioner and issued notice to him. After considering the replies, the Lokpal by the impugned order dated 24.07.2025 has directed an investigation under Section 20(3)(a) of the Act by the CBI against the Kolkata RPSs and the petitioner, holding that “Preliminary Inquiry has brought in fore counter allegations supported with verifiable facts”. Aggrieved by the said order, the petitioner has approached this Court by way of this petition.
4. We have heard learned counsels for the parties at length and have perused the record.
5. Learned counsel for the petitioner submits that the preliminary inquiry conducted by the CBI, after finding no material against the Petitioner, had exonerated him. It is submitted that Respondent No.1/
Lokpal was required to indicate specific reasons, material or infirmities in the preliminary report and material availa
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