frivolous, will have a
tremendous adverse impact on the public life of a public functionary.
Learned counsel submitted that in order to avoid such ... maintenance of public
order.
(2) The Accountability Commission may inquire into any act
or conduct of any person other than a public functionary
specifically includes only the Vice Chancellor
as a public functionary and not the University.
It was contended that the said provision
incorporates the individual decision ... Lokayukta Act , it was contended that in order
to protect the public functionaries against
whom the inquiry is to be held under the
provisions
provision for appointment of Lokayukta for the investigation of allegations against public functionaries in the State of Gujarat and also for safeguarding the dignity ... prestige of public functionaries against false and frivolous allegations and for matters connected therewith was enacted in 1986. Sub-section (2) of Section 2 defines
provision for appointment of Lokayukta for the investigation of allegations against public functionaries in the State of Gujarat and also for safeguarding the dignity ... prestige of public functionaries against false and frivolous allegations and for matters connected therewith was enacted in 1986. Sub-section (2) of Section 2 defines
This Court has to examine the role of State, public
instrumentality and public functionaries in promoting
Constitutional morality. The transformative character of
Constitution makes perceptible ... discharges public function. It is bound by public
morality conceived in the Constitution. Public morality is
the morality dictated by the Constitution. Public
functionaries, therefore
shall close the case under information to the complainant,
the public functionary and the competent authority concerned.
In any other case, if he considers that ... under sub-section (4) any adverse comment is made
against any public functionary, such report shall also contain
the substance of the defence adduced
matter for which he has not issued notice to the public functionaries. Under Section 7 of the Act, the Lokayukta has jurisdiction to inquire into ... allegations made against a public functionary in relation to whom either the President or the Lieutenant Governor is the competent authority. The public functionary
forward a copy of the complaint to the
public functionary concerned in Form VI and to afford an opportunity of
hearing to it so that ... public functionary concerned may file its comments to
such complaint or statement.
The grievance of the petitioner is that the procedure prescribed
under
Institution of Lokayukata to inquire into the allegations against public functionaries in the National Capital Territory of Delhi and for matters connected therewith. Section ... lower Administrative Authorities and public servants. However, in Delhi Act a significant departure is made. The definition of "public functionary" in Section
State to deal with the complaints relating
to corruption against certain public functionaries, in the
interest of justice;‖
2. The submission of the petitioner ... empowers the Lokayukta
to enquire into the allegations only against certain public functionaries, and
does not extend to employees of Delhi Government. The petitioner
