Orissa High Court
WP(C)/35332/2020 on 11 January, 2021
W.P.(C) No. 35332 of 2020
02 11.01.2021 This matter is taken up through video
conferencing.
Heard Mr. P.K. Mohanty, learned Senior Counsel
appearing along with Mr. P. Mohanty, learned counsel for
the petitioners and Mr. A.K. Sharma, learned Addl.
Government Advocate appearing for the State.
The petitioners have filed this writ petition
challenging the order dated 10.11.2020 under Annexure-
10 series in LY No. 356/2019, by which the Director of
Inquiry has been directed to hold an enquiry and submit
a preliminary inquiry report within 60 days.
Mr. P.K. Mophanty, learned Senior Counsel
appearing for the petitioners contended that such a
direction dated 10.11.2020 issued by the Lokayukta is
not in adherence to the provisions contained under
Section 20(1) of the Odisha Lokayukta Act, 2014 and as
such, the direction could not be issued for causing an
enquiry by the authority concerned under Section 20(2)
of the Act.
Mr. A.K. Sharma, learned Addl. Government
Advocate appearing for the State contended that as per
the allegation against the petitioners, the Lokayukta, in
order to find out the correctness of the allegation,
directed for causing an inquiry under Section 20(2) of the
Odisha Lokayukta Act, 2014, therefore there is no
illegality or illegality by passing the order impugned dated
10.11.2020.
Having heard learned counsel for the parties and
on perusing the Odisha Lokayukta Act, 2014, Section
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20(1) of the Act, 2014 reads as follows:
"20. Provisions relating to complaints and
preliminary inquiry and investigation.--
1) The Lokpal on receipt of a complaint, if it
decides to proceed further, may order-- (a)
preliminary inquiry against any public
servant by its Inquiry Wing or any agency to
ascertain whether there exists a prima facie
case for proceeding in the matter; or
(b) investigation by any agency or authority
empowered under law to investigate, where
there exists a prima facie case.
On perusal of the aforementioned provisions, it
appears that the Lokayukta on receipt of the complaint, if
he decides to proceed further, may order for preliminary
enquiry against any public servant by its Inquiry Wing or
any agent to ascertain whether there exists a prima facie
case for proceeding in the matter and under sub-
Section(2) of Section 20 it has clearly mentioned that
during the preliminary inquiry referred to in sub-section
(1), the Inquiry Wing or any agency shall conduct a
preliminary inquiry and on the basis of material,
information and documents collected, seek the comments
on the allegations made in the complaint from the public
servant and the competent authority and after obtaining
the comments of the concerned public servant and the
competent authority, submit, within sixty days from the
date of receipt of the reference, a report to the Lokayukta.
On perusal of the order dated 10.11.2020 it
appears that under Section 20(1) of the Act, 2014
mentioned above, the Lokayukta has directed for causing
preliminary enquiry against the public servant, the
petitioner herein, by its inquiry wing or any agency to
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ascertain whether there exists a prima facie case for
proceeding in the matter or nor, and on that basis under
Section Section 20(2) of the Act, the Director of Inquiry
has been directed to cause an Preliminary Inquiry and
submit his preliminary enquiry report within sixty days,
thereby, this is a premature approach by the petitioner
before this Court by filing this application challenging the
order dated 10.11.2020.
Accordingly, this Court is not inclined to
entertain this application. However, liberty is granted to
the petitioner to raise such question, as has been raised
in this writ petition in accordance with law before the
appropriate forum, if he is so advised.
With the liberty aforesaid, the writ petition
stands disposed of.
As the restrictions due to the COVID-19 situation
are continuing, learned counsel for the parties may utilize
the soft copy of this order available in the High Court's
website or print out thereof at par with certified copies in
the manner prescribed, vide Court's Notice No.4587,
dated 25th March, 2020.
...............................
(DR. B.R. SARANGI) Ajaya JUDGE 4