Ram Kishan Fauji vs State Of Haryana And Ors

3. Acting on the reference made by the Chief Secretary, the office of the Lokayukta issued a public notice requesting the public in general to send any such material including Video Compact Disc (VCD) connected with the subject in issue. Apart from the public notice, communications were sent to various departments of the Government, television channels and newspapers for furnishing all materials to find out the allegations of corruption against the persons who have been named in the complaint.

4. As the facts would unfold, the Lokayukta, Haryana, issued notice to the appellant in exercise of power under Section 14 of the Act to offer his explanation. In pursuance of the said communication, the appellant filed a reply and the Lokayukta granted him time to place on record his evidence in the form of an affidavit. When the matter stood thus, on 16.01.2014, two persons allegedly conducted a sting operation and filed their affidavits before the Lokayukta. The appellant, in the meantime, got the CD examined from M/s Truth Labs, Bangalore and also got the forensic examination of the audio and a report was submitted on 20.01.2014 opining, as averred, that the audio and video recording in the earlier CD was not continuous and the recording did not appear to be authentic. Be that as it may, on weighing the material brought on record, the Lokayukta thought it appropriate to recommend for registration of FIR for offences punishable under the provisions of the Prevention of Corruption Act, 1988 (for short, “the 1988 Act”) and investigation by a senior competent officer of impeccable integrity.

6. The High Court, vide order dated 14.03.2014, directed the respondent State to inquire into the authenticity of the CD in question and file a status report in the Court and further directed that the State shall be bound by the judgment of Lalita Kumari v. Govt. of Uttar Pradesh and others[1] with reference to the preliminary enquiry to be conducted in respect of corruption cases. A reply was filed before the High Court on 03.12.2014 and FIR No. 10/2014 was registered at P.S. State Vigilance Bureau, Panchkula on 04.12.2014 under Sections 7 and 8 of the 1988 Act. Certain other documents were brought on record before the learned Single Judge of the High Court and eventually. vide judgment dated 27.02.2015, the learned Single Judge referred to various aspects such as the facts that led to the complaint before the Lokayukta, the findings of the Lokayukta, the initial endeavour by the High Court to gather details of the authenticity of the CD, the contradictory report submitted by the writ petitioner from private laboratory, he fresh report from Central Forensic Science Laboratory (CFSL) to quell the contradiction, the law relating to the admissibility of evidence of electronic record and, thereafter, it recorded its conclusion on the issues pertaining to the authenticity of the CD, credible information for bribery, direction for filing of complaint by the Lokayukta, the report of the Lokayukta, the imputations made against the petitioner, prima facie proof, the jurisdiction of the Lokayukta to cause an inquiry and, ultimately, came to hold as follows:-

The appellant filed CM No. 3930/LPA of 2015 for vacation of the said interim order and the Division Bench declined to vacate the interim order and made it absolute on 12.05.2016 by the impugned order and after admitting the LPA, passed the following order:-

56. Being of this view, the Division Bench ruled that as Clause 15 of the Letters Patent expressly bars an appeal against the order passed by a Single Judge of the High Court in exercise of criminal jurisdiction, LPAs are not maintainable and, accordingly, dismissed the same.

62. In view of the aforesaid premised reasons, we hold that the High Courts of Gujarat and Delhi have correctly laid down the law and the view expressed by the Full Bench of the High Court of Andhra Pradesh is incorrect.

66. In view of the aforesaid prismatic reasoning, the irresistible conclusion is that the Letters Patent Appeal was not maintainable before the Division Bench and, consequently, the order passed therein is wholly unsustainable and, accordingly, it is set aside. However, as the State had been diligently agitating its grievance in a legal forum which it thought had jurisdiction, we grant liberty to the State to assail the order of the learned Single Judge in accordance with law.

67. Consequently, the appeal is allowed and the impugned order is set aside. However, liberty is granted to the State to challenge the order of the learned Single Judge. There shall be no order as to costs.

March 21, 2017.