INSTITUTION OF ANDHRA PRADESH LOKA YUKTA/UPA-LOKAYUKTA, A.T. versus T. RAMA SUBBA REDDY AND ANR.

Citation: [1996] SUPP. 10 S.C.R. 49 · Decided: 13-12-1996 · Supreme Court of India · Bench: N.P. SINGH · Disposal: Dismissed

Judgment (excerpt)

INSTITUTION OF ANDHRA PRADESH 
LOKA YUKTNUPA-LOKA YUKTA, AT. 
v. 
T. RAMA SUBBA REDDY AND ANR. 
DECEMBER 13, 1996 
[N.P. SINGH AND S.B. MAJMUDAR, JJ.] 
Andhra Pradesh Lokayukta Act, 1983: Sections 2(k)(iii) & (v)(2) & 
(5), 2(i) and 7(1)(iv). 
A 
B 
c 
Public· SerV<;nts-Chief Executive Officer of A.P. State Cooperativ~ / 
Union Ltd., Business Manager of A.P. State Handloom Weaver.s' Cooperative 
Society Ltd. and Clerk of A.P. State Wool lndustrial Cooperative Society Ltd. 
(Societies registered under A.P. Cooperative Societies Act, 1964), Divisional 
Manager and Doctor of A.P. State Road Transport Corporation (constituted 
by Stat!' of A.P. under Central Act viz., Road Transport Corporation Act, D 
1950}-:tleld : Neither public servants nor officers within the meaning of 
Ss.2(k) and 2(i) respectively-Hence, neither covered by S.2(k)(iii) nor. 
S.2(k)(v )(2) or ( 5 )-Not being public servants, Lokayukta had no jurisdiction 
to· entertain compla,int against them-Constitution of India, 1950, Art. 311. · 
E 
Section 12(3)-Recommendations of Lokayukta or Upa-Lokayuk-
ta-lmplementation of-Binding nature of-Held : provision should be made 
clear. 
The respondents were working as Chief Executive Officer, Andhra 
Pradesh State Cooperative Union Ltd., Business Manager, Andhra F 
Pradesh State Handloom Weavers' Cooperative Society Ltd., Clerk in 
Andhra Pradesh State Wool Industrial Cooperative Society Ltd., (Societies 
registered under Andhra Pradesh Cooperative Societies Act, 1964), 
Divisional Manager and a Doctor attached to the dispensary run by the 
Andhra Pradesh State Road Transport Corporation (constituted by State 
of A. P. under the Central Act viz., Road Transport Corporation Act, 1950). G 
A complaint was filed against the functioning of the respondents before 
the appellant-Lokayukta under the Andhra Pradesh Lokayukta Act, 1983. 
The respondents filed writ petitions before the High Court contending that 
the Lokayukta had no jurisdiction to entertain the complaint. The writ 
petitions were allowed by the High Court. Being aggrieved the appellant H 
49 
50 
SUPREME COURT REPORTS(l996] SUPP.10 S.C.R. 
A preferred the present appeal. 
B 
On behalf of the appellant it was contended that the respondents 
were covered by the sweep of Section 7(1)(iv) of the Act; that the respon-
dents were public servants as defined by Sections 2(k)(iii), 2(k)(v)(2) and 
2(k)(v)(5) read with Sections 2(a), 2(i) and 2(k) of the Act as the respon-
dents at the relevant time were working in cooperative Societies registered 
under A.P. Cooperative Societies Act, 1964 or A.P. State Road Transport 
Corporation; and hence the Lokayukta had jurisdiction to entertain the 
complaint against the respondents. 
C 
On behalf of the respondents it was contended that Section 
2(k)(v)(2) did not apply as the A.P. State Road Transport Corporation 
was not established by the State of A.P. under any State Act but was 
established under the Central Act viz., the Road Transport Corporation 
Act, 1950; and that Section 2(i) of the Act was not applicable to the 
respondent who was a clerk in the A.P. State Wool Industrial Cooperative 
D Society Ltd. as the respondent was not holding a post which carried a 
minimum scale of pay of Rs. 1150 or more as the respondent's pay scale 
was Rs. 600-900. 
E 
Dismissing the appeal, this Court 
HELD : 1.1. Section 2(k) (iii) read with Section 2(i) of the Andhra 
Pradesh Lokayukta Act, 1983 shows that before a person can be said to be 
a public servant because he is an officer it must be shown that he was 
appointed to a public service or post in connection with the affairs of the 
State of Andhra Pradesh. Those working either in Andhra Pradesh State 
F 
Road Transport Corporation or in Cooperative Societies registered under 
the Andhra Pradesh Cooperative Societies Act, 1964 could not be said to 
be persons appointed to a public service or post in connection with the 
affairs of the State of Andhra Pradesh and they were not full fledged 
government servants who would be entitled to enjoy the protection of 
G Article 311 of the Constitution of India. Therefore, jurisdiction of 
Lokayukta is not attracted on this ground. [59-A-C] 
1.2. As regards the A.P. State Cooperative Union Ltd., A.P. State 
Handloom Weavers' Cooperative Society Ltd. and A.P. State Wool In-
dustrial Cooperative Society Ltd. these were societies registered under the 
H A.P. Societies Registration Act, 1964 and their operations extended to the 
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