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Showing contexts for: section 175 indian penal code in Govt. Of Nct Delhi vs Office Of Lokayukta & Anr. on 13 March, 2009Matching Fragments
The case be come up for further proceedings and hearing on 28.01.2009 at 2.00 PM and for appropriate orders and directions with regard to non compliance of the directions for production of records for which orders are reserved."
7. On 28th January, 2008, the Lokayukta heard counsel for the NCT and ruled that if the records were not produced on 2nd February, proceedings under Section 175, IPC were to be initiated. The extracts of portions of that order, impugned in these proceedings, without reproducing inessential details are as follows:
(12) Secretary, Department of Transport or the Officer holding charge of the said Department personally to produce the above relevant records on 02.02.09 at 2.00 PM failing which proceedings under Section 175 IPC shall be initiated against the persons committing the offence."
8. The NCT attacks the above order. It argues that the Lokayukta should not have proceeded further with the matter without first determining the maintainability of the complaint. It is contended that the Lokayukta should have first considered the preliminary objection urged by it, and, if the need arose, proceeded to examine the matter further. In this connection, it is contended that Section 10 of the Delhi Lokayukta and Upalokayukta Act, 1995 (hereafter "the Act") mandates that the Lokayukta has to formulate its procedure. In this case, the Lokayukta did not formulate any procedure, and without determining whether the complaint could be entertained, straightaway proceeded to direct production of documents. It is contended that the procedure sought to be followed is contrary to the Act and Rules framed under it.