Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | MADHYA PRADESH LOKAYUKT UPLOKAYUKT ADHINIYAM 1981 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | MADHYA PRADESH LOKAYUKT EVAM UPLOKAYUKT ADHINIYAM, 1981: s.2(g) of 1981 Act r/w s.2(c) of Prevention of Corruption Act - 'Public servant' - Complaint to Lokayukt regarding irregularities in certain construction works - Case registered by SPE, Lokayukt Administration against Secretary, Vidhan Sabha, Deputy Secretary, Vidhan Sabha and other officers - Notice by Secretary Vidhan Sabha alleging breach of privilege of Vidhan Sabha - Held: Inquiry or investigation into an allegation of corruption against some officers of the Legislative Assembly cannot be said to be interfering with the legislative functions of the Assembly - Officers working under the office of the Speaker are also public servants within the meaning of s.2(g) of the Lokayukt Act and s. 2 (c) of Prevention of Corruption Act and, therefore, the Lokayukt and his officers are entitled and duty bound to make inquiry and investigation into the allegations made in any complaint filed before them - Lokayukt organization has not made any inquiry against the Members of the Legislative Assembly or the Speaker or about their conduct -- Assembly does not enjoy any privilege of a nature that may have the effect of restraining any inquiry or investigation against Secretary or Deputy Secretary of Legislative Assembly.CONSTITUTION OF INDIA, 1950:Art. 32 r/w Art. 142 - On a complaint alleging irregularities in certain construction works, after inquiry, case registered by SPE, Lokayukt Organisation against Secretary and Deputy Secretary, Vidhan Sabha and other officers - Notice by Secretary Vidhan Sabha to Lokayukt alleging breach of privilege of Vidhan Sabha - Writ petition by Lokayukt - Held: Maintainable - For the application of provisions of Lokayukt Act, and Prevention of Corruption Act, jurisdiction of Lokayukt or the Madhya Pradesh Special Police Establishment is for all public servants and no privilege is available to the officials and, in any case, they cannot claim any privilege more than an ordinary citizen to whom the provisions of the said Acts apply - Privileges do not extend to the activities undertaken outside the House on which the legislative provisions would apply without any differentiation -- The action taken by petitioners under the said Act cannot constitute a breach of privilege of Legislative Assembly -- The impugned letters/notices are quashed -- Madhya Pradesh Lokayukt Evam Uplokayukt Adhiniyam, 1981. s. 11 (2) - Proceedings before Lokauykta - Held: Any proceeding before Lokayukt shall be deemed to be a judicial proceeding within the meaning of ss. 193 and 228 IPC and as per s. 11 (3), the Lokayukt is deemed to be a court within the meaning of Contempt of Courts Act, 1971 -- Central Provinces and Berar Special Police Establishment Act, 1947 -- Procedures and Conduct of Business Rules of the Madhya Pradesh Vidhan Sabha - Rule 164. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2014 INSC 125 |
Petitioner | Justice Ripusudan Dayal (retd ) & Ors. |
Respondent | State Of M.p. & Ors. |
SCR | [2014] 3 S.C.R. 242 |
Judgement Date | 2014-02-25 |
Case Number | 613 |
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