Case: Justice Ripusudan Dayal (Retd.) &amp; Others Vs. State of M.P. &amp; Others

1) The present writ petition, under Article 32 of the Constitution of India, has been filed by the petitioners challenging the validity of certain letters issued by Mr. Qazi Aqlimuddin – Secretary, Vidhan Sabha (Respondent No.4 herein) on various dates against them with regard to a case registered by the Special Police Establishment (SPE) of the Lokayukt Organisation, against the officials of the Vidhan Sabha Secretariat as well as against the concerned officials of the Capital Project Administration-the Contractor Company alleging irregularity in the construction work carried out in the premises of Vidhan Sabha.2) It is relevant to mention that Petitioner No.1 herein was the Lokayukt of the State of Madhya Pradesh appointed under the provisions of the Madhya Pradesh Lokayukt Evam Uplokayukt Act, 1981 (hereinafter referred to as). Petitioner No.2 was the Legal Advisor, a member of the Madhya Pradesh Higher Judicial Service on deputation with the Lokayukt and Petitioner Nos. 3 to 5 were the officers of Madhya Pradesh Special Police Establishment.3) The petitioners herein claimed that the said letters violate their fundamental rights under Articles 14, 19 and 21 of the Constitution of India and are contrary to Article 194(3) and prayed for the issuance of a writ, order or direction(s) quashing the said letters as well as the complaints filed by Respondent Nos. 5, 6 (since expired), 7, 8 and 9 herein.(a) An anonymous complaint was received on 21.06.2005 in the office of the Lokayukt stating that a road connecting the Vidhan Sabha with Vallabh Bhawan, involving an expenditure of about Rs. 2 crores, was being constructed without inviting tenders and complying with the prescribed procedure. It was also averred in the said complaint that with a view to regularize the above-said works, the officers misused their official position and got the work sanctioned to the Capital Project Administration in violation of the rules which amounts to serious financial irregularity and misuse of office. It was also mentioned in the said complaint that in order to construct the said road, one hundred trees had been cut down without getting the permission from the concerned department. The said complaint was registered as E.R. No.127 of 2005. During the inquiry, the Deputy Secretary, Housing and Environment Department, vide letter dated 18.08.2005 stated that the work had been allotted to the lowest tenderer and the trees were cut only after obtaining the requisite permission from the Municipal Corporation. In view of the said reply, the matter was closed on 22.08.2005.(b) On 22.12.2006, again a complaint was filed by one Shri P.N. Tiwari, supported with affidavit and various documents, alleging the same irregularities in the said construction work by the officers of the Vidhan Sabha Secretariat in collusion with the Capital Project Administration which got registered as E.R. No. 122 of 2006. A copy of the said complaint was sent to the Principal Secretary, Madhya Pradesh Government, Housing and Environment Department for comments. In reply, the Additional Secretary, M.P. Government, Housing and Environment Department submitted the comments along with certain documents stating that the Building Controller Division working under the Capital Project Administration was transferred to the administrative control of the Vidhan Sabha Secretariat vide Order dated 17.07.2000 and consequently the Secretariat Vidhan Sabha was solely responsible for the construction and maintenance work within the Vidhan Sabha premises.(c) On 26.06.2007, a request was made to the Principal Secretary, Housing and Environment Department to submit all the relevant records, tender documents, note sheets, administrative, technical and budgetary sanctions by 10.10.2007. By letter dated 17.07.2007, the Under Secretary of the said Department informed that since the administrative sanctions were issued by the Secretariat Vidhan Sabha, the materials were not available with them. In view of the said reply, the Lokayukt-(Petitioner No.1 herein) sent letters dated 31.07.2007 addressed to the Principal Secretary, Housing and Environment Department, Administrator, Capital Project Administration and the Deputy Secretary, Vidhan Sabha Secretariat to appear before him along with all the relevant records on 10.08.2007. On 10.08.2007, the Principal Secretary, Housing and Environment appeared before the Lokayukt and informed that since the Controller Buildings of Capital Project Administration was working under the administrative control of the Vidhan Sabha Secretariat since 2000, all sanctions/approvals and records relating to construction and maintenance work were available in the Vidhan Sabha Secretariat. In view of the above reply, the Lokayukt summoned the Secretary and the Deputy Secretary, Vidhan Sabha, Respondent Nos. 10 and 11 respectively on 24.08.2007 to give evidence and produce all records/note-sheets of administrative and technical sanctions and budgetary and tender approvals relating to construction works carried out in MLA Rest House and Vidhan Sabha Premises in the year 2005-2006.(d) The Secretary, Vidhan Sabha, Respondent No. 10 herein, in his deposition dated 24.08.2007, admitted giving of administrative approval to the estimated cost which was available with the office of the Lokayukta and stated that the relevant note-sheet was in the possession of theSpeaker, therefore, he prayed for time to produce the same by 07.09.2007.(e) Vide letter dated 07.09.2007, Respondent No.10 conveyed his inability to produce the same. After receiving information from the Chief Engineer, Public Works Department, Capital Project, Controller Buildings, Vidhan Sabha, Capital Project Administration and Chief Engineer, Public Works Department vide letters dated 11.09.2007, 13.09.2007 and 18.09.2007 respectively, the Legal Advisor – Petitioner No. 2 herein – a member of the M.P. Higher Judicial Service thoroughly examined the same and found that it is a fit case to be sent to the SPE for taking action in accordance with law. Petitioner No.1 was in agreement with the said opinion. Thereafter, Crime Case No. 33/07 was registered against the Secretary, Vidhan Sabha (Respondent No.10 herein), Shri A.P. Singh, Deputy Secretary, Vidhan Sabha, the then Administrator, Superintendent Engineer, Capital Project Administration and Contractors on 06.10.2007.(f) After registration of the case, Petitioner No.1 received the impugned letters dated 15.10.2007 and 18.10.2007 alleging breach of privilege under Procedures and Conduct of Business Rules 164 of the Madhya Pradesh Vidhan Sabha against him and the officers of the Special Police Establishment. In response to the aforesaid letters, by letter dated 23.10.2007, the Secretary, Lokayukt explained the factual position of Petitioner No.1 herein stating that no case of breach of privilege was made out and also pointed out that neither any complaint had been received against theSpeaker nor any inquiry was conducted by the Lokayukt Organization against him nor his name was found in the FIR.(g) On 26.10.2007, the Secretary, Vidhan Sabha – Respondent No.4 sent six letters stating that the reply dated 23.10.2007 is not acceptable and that individual replies should be sent by each of the petitioners.(h) Being aggrieved by the initiation of action by theSpeaker for breach of privilege, the petitioners have preferred this writ petition.

Reasoning:
The officers working under the office of the Speaker are also public servants within the meaning of Section 2(g) of the Lokayukt Act and within the meaning of Section 2 (c) of the Prevention of Corruption Act, 1988 and, therefore, the Lokayukt and his officers are entitled and duty bound to make inquiry and investigation into the allegations made in any complaint filed beforeThe law applies equally and there is no privilege which prohibits action of registration of a case by an authority that has been empowered by the legislature to investigate the cases relating to corruption and bring the offenders to book. Simply because the officers happen to belong to the office of theSpeaker of the Legislative Assembly, the provisions of the Lokayukt Act do not cease to apply to them. The law does not make any differentiation and applies to all with equal vigour. As such, the initiation of action does not and cannot amount to a breach of privilege of the Legislative Assembly, which has itself conferred powers in the form of a statute to eradicate the menace of corruption. It is, thus, clear that, no privilege is available to the Legislative Assembly to give immunity to them against the operation ofIn the present matter, the petitioners have not made any inquiry even against the members of the Legislative Assembly or the Speaker or about their conduct and, therefore, the complaints made against the petitioners by some of the members of the Legislative Assembly were completely uncalled for, illegal and unconstitutional. The Speaker has no jurisdiction to entertain any such complaint, which is not evenThus, it is amply clear that the Assembly does not enjoy any privilege of a nature that may have the effect of restraining any inquiry or investigation against the Secretary or the Deputy Secretary of the LegislativeThus, from the above, it is clear that neither did the House of Commons enjoy any privilege, at the time of the commencement of the Constitution, of a nature that may have the effect of restraining any inquiry or investigation against the Secretary or the Deputy Secretary of the Legislative Assembly or for that matter against the member of the Legislative Assembly or a minister in the executive government nor does the Parliament or the Legislative Assembly of the State or its members. The laws apply equally and there is no privilege which prohibits action of registration of a case by an authority which has been empowered by the legislature to investigate the cases. Simply because the officers belong to the office of theSpeaker of the Legislative Assembly, the provisions of the Act do not cease to apply to them. The law does not make any differentiation and applies to all with equal vigour. As such, the initiation of action does not and cannot amount to a breach of privilege of the Legislative Assembly, which has itself conferred powers in the form of a Statute to eradicate the menace ofThe petitioners cannot, while acting under the said statute, be said to have lowered the dignity of the very Assembly which has conferred the power upon the petitioners. The authority to act has been conferred upon the petitioners under the Act by the Legislative Assembly itself and, therefore, the action taken by the petitioners under the said Act cannot constitute a breach of privilege of that LegislativeBy carrying out investigation on a complaint received, the petitioners merely performed their statutory duty and did not in any way affect the privileges which were being enjoyed by the Assembly and its members. The action of the petitioners did not interfere in the working of the House and as such there are no grounds for issuing a notice for the breach of Privilege of the LegislativeAlso, in terms of the provisions of Section 11(2) of the Lokayukt Act, any proceeding before the Lokayukt shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code and as per Section 11(3), the Lokayukt is deemed to be a court within the meaning of Contempt of Courts Act, 1971. The petitioners have merely made inquiry within the scope of the provisions of the Act and have not done anything against the Speaker personally. The officers working under the office of the Speaker are also public servants within the meaning of Section 2(g) of the Lokayukt Act and, therefore, the Lokayukt and his officers were entitled and duty bound to carry out investigation and inquiry into the allegations made in the complaint filed before them and merely because the petitioners, after scrutinizing the relevant records, found the allegations prima facie proved, justifying detailed investigation by the Special Police Establishment under the Prevention of Corruption Act, and the performance of duty by the petitioners in no way affects any of the privileges even remotely enjoyed by the Assembly or itsIn the present matter, the petitioners have not made any inquiry against any member of the Legislative Assembly or the Speaker or about their conduct and, therefore, the complaints made against the petitioners by some of the members of Legislative Assembly were completely uncalled for, illegal andFurther, the allegations made in the complaint show that while dealing with the first complaint (E.R. 127/05), the Lokayukt found that there was no material to proceed further and closed that matter since the allegations alleged were not established. While inquiring into the second complaint since the Lokayukt found that the allegations made in the complaint were prima facie proved, SPE was directed to proceed further in accordance withOn behalf of the petitioners, it is pointed out that the facts and circumstances in the present matter show that complaints have been filed by the Members not in their interest but for the benefit of the persons involved who all are public servants. It is also pointed out that the action of breach of privilege has been instituted against the petitioners since the officers, against whom the investigation has been launched, belong to the Vidhan SabhaWe are of the view that the action being investigated by the petitioners has nothing to do with the proceedings of the House and as such the said action cannot constitute any breach of privilege of the House or itsIt is made clear that privileges are available only insofar as they are necessary in order that House may freely perform its functions. For the application of laws, particularly, the provisions of the Lokayukt Act, and the Prevention of Corruption Act, 1988, the jurisdiction of the Lokayukt or the Madhya Pradesh Specialis for all public servants (except the Speaker and the Deputy Speaker of the Madhya Pradesh Vidhan Sabha for the purposes of the Lokayukt Act) and no privilege is available to the officials and, in any case, they cannot claim any privilege more than an ordinary citizen to whom the provisions of the said Acts apply. Privileges do not extend to the activities undertaken outside the House on which the legislative provisions would apply without anyIn the present case, the action taken by the petitioners is within the powers conferred under the above statutes and, therefore, the action taken by the petitioners is legal. Further, initiation of action for which the petitioners are legally empowered, cannot constitute breach of anyUnder the provisions of Section 39(1)(iii) of the Code of Criminal Procedure, 1973, every person who is aware of the commission of an offence under the Prevention of Corruption Act is duty bound to give an information available with him to the police. In other words, every citizen who has knowledge of the commission of a cognizable offence has a duty to lay information before the police and to cooperate with the investigating officer who is enjoined to collect the evidence.