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46. A similar identical issue came up for consideration before the Division Bench of Gujarat High Court in Rajendra Manubhai Patel v. State of Gujarat, , it was a case where the petitioner sought to challenge the action of the Lok Ayukta in summoning them to be present as witnesses along with the documents mentioned in the summons on the ground that they cannot be so summoned without disclosing identity of the complainant, the public functionaries involved and the nature of the allegations levelled against said public functionaries. The petitioners have also challenged the legislative competence of the State Legislature enacting Lok Ayukta Act and also the provisions of Section 11 Read with Sections 2(2), 15, 16 and 17 of the said Act are ultra virus of the Constitution. The preamble of the Act reads that it is an Act to make the provision for appointment of Lok Ayukta for the investigation of the allegations against the public functionaries in the State of Gujarat and also for safeguarding the dignity and prestige of public functionaries against false and frivolous allegations and the matters connected therewith.

47. Expression "public functionary' was defined in Section 2(vii) so as to mean a person, who holds or has held an office of a Minister, Chairman or Vice-Chairman of a Government Company or a Corporation as are mentioned in Clauses (b) and (c) of Sub-section (7) and Vice-Chancellor of a University established by law in the State of Gujarat. The allegations which are required to be investigated are as to whether such public functionary is guilty of corruption or lack of integrity or was actuated in the discharge of his functions by personal interest or improper or corrupt motives or has abused his position to obtain any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person. The Division Bench observed thus:

"It will be noticed that in pith and substance the said enactment relates to enquiry or investigation into the allegations made against public functionaries in respect of their actions in their capacity as such public functionaries. Entry 45 of the Concurrent List-List III of the Seventh Schedule to the Constitution enumerates the following matter in respect of which the Parliament and the State Legislature have concurrent powers to make law, - "Entry No. 45 the enquiry and statistics for the purposes of any of the matters specified in List II or List-III". The said enactment in pith and Substance, in our opinion, is law enacted with a view to make investigations or enquiries into the actions of public functionaries in respect of the allegations made against them. Having regard to the nature of allegations, which can be investigated, it is clear to us that they would amount to enquiries into the matters, which would fall within the domain of Criminal Law including matters in the Indian Penal Code and might also amount to actionable wrongs. In this connection, we may notice Entries 1 and 8 of the Concurrent List, which read as under:

Similarly, the Officers, holding the post carrying a minimum scale of Rs. 1,150/- and below also cannot be excluded for the reasons recorded supra and to that extent provisions contained in Section 2(i) are illegal and unconstitutional.

63. Institutions of Lok Ayukta and Upa-Lokayukta are the centres aimed at ensuing clean and transparent Administration. The persons heading the institutions are chosen from higher echelons of the judiciary. They are akin to Ombudsman of Sweden and Denmark and have been vested with power to conduct preliminary verification, investigation and suggest appropriate remedial measures in the administration. Law is not an omnipotence in the sky, but a loaded gun which, when triggered by trained men with ballistic skill, strikes the offending bulls* eye. Therefore, to avoid striking spot and creating obstacles in discharge of their functions would be an indication of spreading protective umbrella to the Governmental omissions and commissions through the public functionaries. Hence, every effort is to be made to interpret the powers of the Lok Ayukta/Upa-Lokayukta in a widest possible manner so as to sub-serve the object the Act.