SINGLE BENCH •^ /? c^l^^— IN THE HIGH COUR'I^OF'CHHATTISGARH AT BILASPUR WPCNO: 'B'^^c of 2011 PETITIONER ^.^^ /.---'"6^57-"" ^>D^»;<<^'""'^--" ..••••"\.w\"--" .»•••?) f - ^- ^p" RESPONDENT //" B. D. Pradhan, S/0 Late Shri M. L. Pradhan, aged about 67 years R/0 B-130, Rajkishorenagar, Phase-2 Bilaspur (C.G.) Versus Chhattisgarh Lok Ayog through Secretary, Chhattisgarh Lok Ayog Gandhi Chowk Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226/227_OF_THEjCONSnTUTIOW OF INDIA ,{€^%. ;';sl ^ 1 11 'SBSS-% j y s '^-:"''^' ^ •/v 'ETITIONEi HIGH C.OURT OF CHHATTISGARH : BiLASPUR W°!T.PETrriQN_(C)_NO. 3750 OF 2011 ' B.D. Pradhan Versus IT Chhattisgarh Lok Ayoe CA'rit Petltion under Artlcle 226/227 ofthe Constitution of india) te Present:- Shri Neeraj Pradhan, Advocate for the petitioner. AFR (Passed on this^S^^ay' ist, 2011) The (setstio.nsr seekB to chaltengs the order dated 08.01.2010 (Annexure P-1) passed on the comptaint dated 11.12.200C (Annexure P-2), whereunder the Pramookh Lok Ayukt /respondent No.1 havms considered the complaint came to the conclusion that no case has been made out for further enguirv on the comDiaint under the provisions of Section 7 of the Chhattisgarh Lok Aayog Adhiniyam, 2002 fforshort "the Adhiniyam. 2002"). The brief facts, in nutsheil, as projected by the petitioner is that the Deiitioner has fiied a comDtaint under Section 8(15 ofthe Adhinivam. 2002, on 11.12.2009 (Annexure P-2) against several public seroants, making serious aiiegations of misconduct commified bv them. The case was registered as pr&JmTtoaro enauirv case No.157/2009. Thereafter, on enquiry, it w?"s foundjthat no cass has been made out for further enqulry. Thus, the comBU^ntwas frisd. !t was found that the comtiiainant has personai animosity with Shri Sarthl and aftsr enquiry, the enqyiry initiaSed on the basis of false compiaint wss discontinued by the Govemment. The State GovernmenS initiated the departmsntal enquin/ against the compjainant vide order dated 22.10.2002, which was aiso dropped on conssderation of the reply fi!ed by the compia'nant on 10.03.2005. The compSaint-in-dispute v'ias filed after a period of 4 ysars 9 months, Avhich cannot be entertained under provisions of Section 7(3)(a) of the Adhiniyam, 2002. as the petitioner ciaims to have knowledge 1 4. unaer filsd with'n ion 8(1) of the-Adhinlyam, 2002, the complaint has to a period of 12 months from the date of incidence. ^.\ Aayog is debarred from is not fiied within a Before fiiing of the Government also, was In'ti Narayan Singh was al! the officers have undsrtaking enquiry into the complaint, which iriod of 12 months from the date of incidence. iplaint, the petitioner has approached the ich was examined and departmental enqulry the officsr. The other allegation against Mr. found proved. !n fact. the alleaations against not been prima facie established. Thus, the Section 7 makes it ciear that the Lok Aayog shall not conduct any enquiw in case of complaint in respect of any action if such action reiatss to any matter specified in the Third Schedule, and further under provisions of section 7(2) of the Adhinlyam, 2002 which reads as under: "7(2). Lok Aayog shall not inquire into any actton, a. in respect of which a formal and under the Pubiic Sen/ants (Inquiries) Aci, 1950 (Act No. 37 of 1950); or b. in respect of a matter which has been referred for enquiry under the Commission of Inquiry Act, 1952 (Act No. 60 of 1952). 3) Lok Aayog shai! not inquire into any compiaint, (a) if it is made after expiry of twslve mQnths from the date on which the action complained against become known to the compiainant (b) if it is made after expiry offive years from the date on v/hich the action complained against is aiieged to have taken ptace: i.ayog may entenaan a compiaint referred te in cteuse (a), if the compiainant sattefies it that he had sufficient cause for not makin; within the period specified in that Sub-section (4) of section 7 ofthe Adhinivam, 2002 is a non-obstante ciause which provides fhat nothing in this Adhiniyam sha!l be construed as empowering the Lok Aayog to question any administratlve action invoiving the exerelse of a discretlon, except where it Is satlsfied that the eierrients involved in the exercise of the dsscretion are absent to such an exient that the discretion cannot be regarded as havlng been properiy exereised. Sectlon 8(1) of the Adhiniyam, 2002 provides for making a complaint to ths Lok Aayog. Section 8(2) of the Adhiniyam, 2002 provides for 9. 10. ^ tmposition of punishment on the compiainant, if it is found by the Lok Aayog that a fatse compiaint was made willfully and maticiousiy. For that purpose, croviso to sub section (2) ofsection 8 ofthe Adhiniyam, 2002 provides that on a compiaint made by or under the authority of the Lpk Aayog, the Court may take cognizance of the offence punishable underthis section. Sectlon 9 provides for ensuring compliance of the principles of natura! justice. Under section 10 of the Adhiniyam, 2002, the Lok Aayog has been entrusted with all the powers of a Civii Court for the purposes of summoning and enforoing the attendance of any person and examining him on oath, requiring the discovery and production of any document. receivlng evidence on affidavlts, requisitioning any pubiie record or copy thereof from any court or office, issuins commission for examination of witnesses and documents and such other matters as may be prescribed. With regard to nature and authenticity of the report submitted by the Lok Ayukt, a Constiiution Bench of the Supreme Court, in M.P.Specia! Pofce EstabSstiment v. State of M.P. & OSTers1, observed as "29. The offiee of the Lokayukia was held by a former Judgo of this Court. it is difficutt to assume that the said high authority wouid givs report without any(nateriai whatsoever." Having considered the racts as aforestated and legal provisions, 1 am of the view that the decision of Pramookh Lok Avukt to close the snquiry case, as no case was made out for further enquiry is just and 11. in view of forsgoing, the writ petition is dismissed. No order asto Sd/- Satish K. Agnihotri Judge ashok