Ripusudan Dayal & Ors vs State Of M.P. & Ors

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 “the Lokayukt Act”). 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.

4) Brief facts

(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.

14) By letter dated 04.01.2007, a copy of the complaint was sent to the Principal Secretary, Madhya Pradesh Government, Housing and Environment Department calling factual comments along with the relevant documents. The comments were submitted by the Additional Secretary, M.P. Government, Housing and Environment Department vide letter dated 15.05.2007. The comments, inter alia, stated that the Building Controller Division functioning under the Capital Project Administration was transferred to the administrative control of the Vidhan Sabha Secretariat vide order dated 17.07.2000, consequently, Secretariat Vidhan Sabha is solely responsible for the construction and maintenance works within the Vidhan Sabha premises. On examination of the comments received along with the supporting documents, following discrepancies were revealed:

For this small area, work was split up into five portions and four contractors were engaged. Rules provide that for one road, there should be one estimate, one technical sanction and one NIT. In the present case, five estimates were prepared, five technical sanctions were granted, five tenders were invited and four contractors were engaged. This throws doubt on the legitimacy of the process;

In view of the above, the Legal Advisor (Petitioner No.2 herein) recorded her opinion that it is a fit case to be sent to the SPE for taking action in accordance with law. The Lokayukt Petitioner No. 1 agreed with the note of the Legal Advisor and observed that it is a fit case to be dealt with further by the SPE. The case was accordingly sent to the SPE.

It will, therefore, have to be examined and decided on merits…. ….”

42) According to Erskine May, the privilege of freedom from arrest has never been allowed to interfere with the administration of criminal justice or emergency legislation. Thus, in any case, there cannot be any privilege against conduct of investigation for a criminal offence. There is a provision that in case a member is arrested or detained, the House ought to be informed about the same.

51) Successive Speakers have, however, held that an assault on or misbehaviour with a member unconnected with his parliamentary work or mere discourtesy by the police officers are not matters of privilege and such complaints should be referred by members to the Ministers directly.

62) In 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 and unconstitutional.

67) In 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 any privilege.

69) In the light of the above discussion and conclusion, the impugned letters/notices are quashed and the writ petition is allowed as prayed for. No order as to costs.

……….…………………………CJI.

FEBRUARY 25, 2014.