The Lok Ayukta lacks jurisdiction to issue orders against university officials without proper allegations as defined in the Kerala Lok Ayukta Act.

Anil K. Narendran, J.

The University of Kerala, its Registrar and the Vice Chancellor have filed this writ petition, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India , seeking a writ of certiorari to quash Ext.P3 order dated 02.09.2015 of the Kerala Lok Ayukta at Thiruvananthapuram in Ext.P1 complaint, i.e., Complaint No. 846 of 2010-A, which was one filed by the 1^st respondent herein- complainant, invoking the provisions under Section 9 of the Kerala Lok Ayukta Act , 1999, seeking an order directing the University of Kerala to release an amount of Rs.2,12,000/- withheld from the Death-Cum-Retirement Gratuity (DCRG); to grant other reliefs as the Lok Ayukta may deem fit and proper to compensate the complainant for the financial loss and mental agony he had undergone; and to grant cost and interest on the withheld amount, from the date of retirement, i.e., 31.03.2008.

2. The 1^st respondent-complainant retired from the service of the University of Kerala, on 31.03.2008, on attaining the age of superannuation, while working as Joint Registrar. His pensionary benefits were released, vide order dated 20.02.2009, a copy of which is marked as Ext.P1 in Complaint No.846 of 2010-A filed before the Lok Ayukta. The grievance of the complainant was regarding the withholding of an amount of Rs.2,12,000/- from the DCRG amount, pending regularisation of certain advances drawn for payment of TA/DA to Subject Experts invited for selection committees for appointment of teachers and also for promotions under the Career Advancement Scheme. The withheld amount of Rs.2,12,000/- comprises of 4 such advances of Rs.10,000/-, Rs.17,000/-, Rs.1,10,000/- and Rs.75,000/-

respectively.

3. In Ext.P1 complaint, the Vice Chancellor and the Registrar of the University of Kerala are arrayed as respondents 1 and 2, in official capacity. The description of respondents 1 and

2 in Ext.P1 complaint reads as follows:

"1. The Vice Chancellor, University of Kerala, Thiruvananthapuram-34.

2. The Registrar, University of Kerala, Thiruvananthapuram-34."

4. In Ext.P1 complaint, the 2^nd respondent-Registrar, University of Kerala filed Ext.P2 objection dated 28.10.2010.

Paragraphs 2 to 4 of that objection read thus:

"2. According to the U.O. stated above a sum of Rs 3,30,000/- was sanctioned as D.C.R.G out of which Rs 2,12,000/- had been withheld pending regularization of provisional advances drawn by the complainant while he was in service as Deputy Registrar (Admn-1). The provisional advances drawn by the Complainant has to be regularized by himself and no such bona fide action was made by the complainant before his retirement from the service.

3. The Complainant had drawn the following provisional advances as per the University orders mentioned against each: - (Ext-R1)

a) U.O. No.Ad.B1 (3)602/99 dated 02/11/2005-------

Rs 10,000/-

b) U.O. No.Ad.B1 (3)602/99 dated 06/12/2005-------

Rs 17,000/-

c) U.O. No.Ad.B1 (3)602/99 dated 18/12/2006-------

Rs 1,10,000/-

d) U.O. No.Ad.B1 (3)602/99 dated 21/12/2006-------

Rs 75,000/-

4. The averments by the complainant that the advances were drawn by him, but the cheques were handed over to the then P.S. to Vice-chancellor to effect the payment of TA/DA to teachers/experts has no justification, since it is the duty of the concerned officer to obtain proper acknowledgement from persons to whom he had effected the payment."

5. Ext.P2 objection was followed by Ext.P2(a) additional statement of facts dated 18.04.2011, Ext.P2(b) statement dated 18.07.2