Madhya Pradesh High Court
Mahendra Kumar Jain vs Special Police Establishment Thr. on 1 November, 2018
1
WP No.23796/2018
THE HIGH COURT OF MADHYA PRADESH
WP No.23796/2018
(Mahendra Kumar Jain Vs. Special Police Establishment
Lokayukta & Others)
Gwalior, Dated :01/11/2018
Shri S.S. Kushwaha, learned counsel for the
petitioners.
Shri Rohit Mishra, learned counsel for the
respondents/Lokayukta.
1. Writ jurisdiction of this Court under Article 226 of the Constitution of India is invoked praying for the following reliefs:
i. That, the communication/ order impugned dated 24.05.2018 contained in Annexure P/1 issued by the respondent No.3 may kindly be held to be illegal and preliminary enquiry be dropped at this stage only.
ii. That, any other relief which is suitable in the facts and circumstances of the case in favour of the petitioner including the costs throughout may be granted.
2. Learned counsel for the rival parties are heard on the question of admission.
3. The challenge made by the petitioner herein is to 2 WP No.23796/2018 Annexure P/1, a letter issued by the Lokayukta Organisation, Gwalior requisitioning certain relevant documents from the Executive Officer of Zila Anyuavasai Sahakari Vikas Samiti, Gwalior in an enquiry being conducted by the said organization in a case bearing No.27/2014 registered against the petitioner.
4. Learned counsel for the petitioner in support of the grounds of challenge to Annexure P/1 & P/2 primarily submits that twice earlier similar enquiries were held, once by the additional Collector, Gwalior and the other by another competent authority finding nothing implicative against the petitioner. It is submitted that yet the Lokayukta Organization is indulging in futile and superfluous exercise by conducting a inquiry again to find out as to whether any prima facie offence is made out against the petitioner or not. In other words learned counsel urges that the Lokayukta Organisation is indulging in witch-hunting against the petitioner who has since retired and therefore, the said impugned action is not 3 WP No.23796/2018 only vindictive but also causes great mental and physical distress to the petitioner.
6. It is not disputable at the bar that the earlier enquiry/preliminary enquiry were not conducted by the Lokayukta Organisation but by executive authorities under the State. Lokayukta Organisation is a statutory authority which has ample powers to conduct an enquiry on any complaint relating to economic offence against any serving or retired Government employee. This statutory power vested in Lokayukta Organisation cannot be denied to it. Moreso, a mere enquiry u/S. 10 of Madhya Pradesh Lokayukta Avam Up-Lokayukta Adhiniyam, 1981 does not cause any prejudice to the petitioner.
7. In view of above, the petitioner has no right to agitate in the present petition and therefore, the present petition stands dismissed with an observation that considering the fact that the petitioner is a senior citizen and a retired employee, due respect and care be shown by the Lokayukta Organisation in the process of enquiry so that the petitioner is put to the 4 WP No.23796/2018 least possibility of inconvenience.
8. With the aforesaid observation, the present petitioner stands disposed of without commenting upon the merits of the matter.
(Sheel Nagu) Judge (01.11.2018) suneel SUNEEL DUBEY 2018.11.01 18:37:37 +05'30'