LexJUSTICE RIPUSUDAN DAYAL (RETD ) & ORS. versus STATE OF M.P. & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A 8 [2014] 3 S.C.R. 242 JUSTICE RIPUSUDAN DAYAL (RETD ) & ORS. v. STATE OF M.P. & ORS. (Writ Petition (Civil) No. 613 of 2007) FEBRUARY 25, 2014 [P. SATHASIVAM, CJI. RANJAN GOGOi AND SHIVA KIRTI SINGH, JJ.] MADHYA PRADESH LOKAYUKT EVAM C UPLOKAYUKT ADHINIYAM, 1981: s.2(g) of 1981 Act rlw s.2(c) of Prevention of Corruption Act - 'Public servant' - Complaint to Lokayukt regarding irregularities in certain construction works - Case registered 0 by SPE, Lokayukt Administration against Secretary, Vidhan Sabha, Deputy Secretary, Vidhan Sabha and other officers - - Notice by Secretary Vidhan Sabha alleging breach of privilege of Vidhan Sabha - Held: Inquiry or investigation into an allegation of corruption against some officers of the E Legislative Assembly cannot be said to be interfering with the legislative functions of the Assembly - Officers working under the office of the Speaker are also public servants within the meaning of s.2(g) of the Lokayukt Act and s. 2 (c) of Prevention of Corruption Act and, therefore, the Lokayukt and his officers are entitled and duty bound to make inquiry and F investigation into the allegations made in any complaint filed before them - Lokayukt organization has not made any inquiry against the Members of the Legislative Assembly or the Speaker or about their conduct -- Assembly does not enjoy any privilege of a nature that may have the effect of restraining G any inquiry or investigation against Secretary or Deputy Secretary of Legislative Assembly. CONSTITUTION OF IND/A, 1950: H 242 JUSTICE RIPUSUDAN DAYAL (RETD.) & ORS. v. 243 STATE OF M.P. & ORS. Art. 32 rlw Art. 142 - On a complaint alleging irregularities A in certain construction works, after inquiry, case registered by SPE, Lokayukt Organisation against Secretary and Deputy Secretary, Vidhan Sabha and other officers - Notice by Secretary Vidhan Sabha to Lokayukt alleging breach of privilege of Vidhan Sabha - Writ petition by Lokayukt - Held: B Maintainable --For the application of provisions of Lokayukt Act, and Prevention of Corruption Act, jurisdiction of Lokayukt or the Madhya Pradesh Special Police Establishment is for all public servants and no privilege is available to the officials and, in any case, they cannot claim any privilege more than c 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 any differentiation -- The action taken by petitioners under the said Act cannot constitute a breach of 0 privilege of Legislative Assembly -- The impugned letters! notices are quashed -- Madhya Pradesh Lokayukt Evam Uplokayukt Adhiniyam, 1981. s. 11 (2) - Proceedings before Lokauykta - Held: Any ' proceeding before Lokayukt shall be deemed to be a judicial E proceeding within the meaning of ss. 193 and 228 /PC and as per s. 11 (3), the Lokayukt is deemed to be a court within the meaning of Contempt of Courts Act, 1971 -- Central Provinces and Berar Special Police Establishment Act, 1947 -- Procedures and Conduct of Business Rules of the Madhya F Pradesh Vidhan Sabha - Rule 164. On 22.12.2006, a complaint was filed alleging irregularities in certain construction works under the control of the Vidhan Sabha Secretariat. After receiving G information from the Chief Engineer, Public Works Department, petitioner No. 2, a member of the M.P. Higher Judicial Service on deputation as Legal Advisor with Lokayukt, found that it was a fit case to be sent to the Special Police Establishment (SPE) of the Lokayukt H 244 SUPREME COURT REPORTS (2014] 3 S.C.R. A Organisation 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), Deputy Secretary, Vidhan Sabha, the then Administrator, the s Superintending Engineer, the Capital Project Administration and the Contractors on 06.10.2007. 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 c Conduct of. Business Rules 164 of the Madhya Pradesh Vidhan Sabha against him and the officers of the Special Police Establishment. By letter dated 23.10.2007, the Secretary, Lokayukt explained the factual position stating that
Excerpt shown. Read the full judgment & AI analysis in Lexace.