communicate the gist of the order to the
complainant and the public functionary concerned.
(3) The Lokayukta or Upa-Lokayukta, as the case ... private and, in particular, the identity of the complainant
and the public functionary affected by the preliminary inquiry or
investigation shall not disclosed
right to know every public act, everything that is
done in a public way, by their public
functionaries. They are entitled to know ... information
sought does not pertain to public acts or public
transactions carried out by public functionaries
in a public capacity.
6.25. It is contended that
functionary or attempts to cause
death of any public functionary; or
(c) detains, kidnaps or abducts any
person and threatening to kill or
injure such ... public functionary" means the
constitutional authorities or any
other functionary notified in the
Official Gazette by the Central
Government as public functionary
Centre For Public Interest Litigation vs Union Of India on 13 January, 2026
2026 INSC
force or attempts to do so or causes death
of any public functionary or attempts to cause death
of any public functionary; or
(c) detains
balance between enabling
genuine prosecution and preventing frivolous or motivated
complaints against public servants. The legislative intent is, thus,
clear: — while the requirement of prior ... investigation (when no material is available) to ensure fairness and
protect public functionaries from vexatious proceedings.
12.7 Lastly, it was submitted that the alleged acts
ordinary State machinery may not inspire confidence
where high public functionaries are implicated, and (iii)
the necessity of an independent inquiry to preserve
public confidence ... Public
procurement has two distinct dimensions. One is the
physical execution of work. The other is the integrity of
the process by which public money
commissions were collected from distillers and
suppliers; Excise officials and certain public functionaries acted in
collusion; A network was created for manipulation of procurement
highly incriminating. The
Applicant frequently visited the residence of highly placed public
functionaries, indicating his proximity and influence; acted as a
trusted handler of illicit
given effect to by preventing arbitrary exercise
of powers by the public functionaries in contractual matters with private
individuals. With the rise of the social