The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: A.R.-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 14-Mar-2024 18:06:41 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 4673 OF 2024 Rajendra Parida and others Petitioners Mr. Subir Palit, Senior Advocate being assisted by Miss Ananya Pradhan, Advocate .... -versus- Office of the Lokayukta, Odisha …. Opp. Party CORAM: JUSTICE K.R. MOHAPATRA Order No. 1. 1. 2.
Decision
ORDER 13.03.2024 This matter is taken up through hybrid mode. Petitioners in this writ petition seek to assail the order dated 10th November, 2023 (Annexure-1) passed by Lokayukta, Odisha in LY Case No.719 of 2021, whereby a direction has been made to file charge sheet against the Petitioners. 3. Mr. Palit, learned Senior Advocate submits that the Lokayukta, Odisha holding that the Petitioners have misappropriated certain amount as per the report of the Vigilance Department, vide order dated 22nd September, 2023, directed as under :- the Having regard to the fact situation of the case, “7. finding of misappropriation of particularly Rs.3,46,500/- against private individuals, namely, Sri Rajendra Parida, Sri Sanjay Kumar Behera, Sri Brundaban Prusty and Sri Natabar Sahoo, we in exercise of powers conferred under Section 22 of the Act deem it proper to call information from (sic) them in the matter. Let notice be issued to Sri Rajendra Parida, Sri Sanjay Kumar Behera, Sri Brundaban Prusty and Sri Natabar Sahoo requiring them to appear in person on the next date of hearing for furnishing information regarding the payments received by them. Page 1 of 4 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: A.R.-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 14-Mar-2024 18:06:41 // 2 // List the matter on 10.11.2023 for the appearance of Sri Rajendra Parida, Sri Sanjay Kumar Behera, Sri Brundaban Prusty and Sri Natabar Sahoo for furishing of information by them and hearing.” Pursuant to such direction, Petitioners appeared before Lokayukta, Odisha on 10th November, 2023. Without affording them a reasonable opportunity of being heard, Lokayukta recommended for filing of charge sheet against the Petitioners in terms of the final investigation report through Investigating Officer before Special Court (Vigilance), Cuttack under the supervision of Director Prosecution to Lokayukta, Odisha. 4. Referring to Section 20(1)(b) of the Odisha Lokayukta Act, 2014 (for brevity ‘the Act’) from Mr. Palit, learned Senior Advocate submits that on receipt of a complaint, if the Lokayukta decides to proceed further, it may order investigation by any agency or authority empowered under any law to investigate where a prima facie case exists. Provisos to Section 20 (1)(b) of the Act reads as under:- “i) Provided that any investigation under this clause shall be ordered only if in the opinion of the Lokayukta there is substantial material relating to the existence of a prima facie case or any earlier statutory investigation or enquiry regarding the same complaint reveals that a prima facie case exists; that before ordering an further Provided ii) investigation under this clause, the Lokayukta shall call for the explanation of the public servant and views of the competent authority, so as to determine whether there exists a prima facie case for investigation; iii) Provided also to order investigation under this clause shall be taken by a bench constituted by the Chairperson under section 16.” that a decision Page 2 of 4 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: A.R.-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 14-Mar-2024 18:06:41 // 3 // 4.1 It is his submission that before proceeding to direct for an investigation under the aforesaid clause, the Lokayukta has not provided any opportunity of being heard to the Petitioners to explain their stand as required under Law. He further submits that Section 21 of the Act provides as under:- “21. If, at any stage of the proceeding, the Lokayukta- (a) considers it necessary to inquire into the conduct of any person other than the accused; or (b) is of opinion that the reputation of any person other than an accused is likely to be prejudicially affected by the preliminary inquiry; it shall give to that person a reasonable opportunity of being heard in the preliminary inquiry and to produce evidence in his defence, consistent with the principles of natural justice.” Neither any opportunity was given to the Petitioners before directing for investigation after receipt of complaint nor they were given any opportunity of hearing before a direction is made to file charge sheet against them. In view of non-compliance of the principles of natural justice, the entire proceedings against the Petitioners, is vitiated. He, therefore, prays for setting aside the impugned order dated 10th November, 2023 (Annexure-1). 5. Taking note of the submissions made by Mr. Palit, learned Senior Advocate, this Court finds that the grievance of the Petitioners is with regard to non-compliance of principles of natural justice while directing to file charge sheet against them in LY Case No.719 of 2021. Materials on record also prima facie reveal that the Petitioners were not provided with adequate opportunity to explain their stand and put forth their grievances before the Lokayukta, Odisha, as yet. Only on the date of their appearance, i.e., 10th November, 2023, direction was made to file Page 3 of 4 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: A.R.-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 14-Mar-2024 18:06:41 // 4 // charge sheet against them. In that view of the matter, this Court feels that the Petitioners should be given an opportunity to explain their stand before the Lokayukta, Odisha. 6. In that view of the matter, this Court directs that in the event the Petitioners appear before the Lokayukta, Odisha within a period of two weeks hence and file an application raising all such grounds (legal and factual) that may be necessary to explain their stand along with relevant documents in support of their case to recall the order dated 10th November, 2023 (Annexure-1) and provide them an opportunity to explain the allegations made against them, said application shall be considered in accordance with law giving opportunity of hearing to the parties concerned. Till disposal of such application, if filed within the time stipulated above, the order under Annexure-1 shall not be made effective and the order under Annexure-1 shall be subject to any order passed by Lokayukta, Odisha. 7. With the aforesaid observation and direction, the writ petition is disposed of. Issue urgent certified copy of the order on proper application. (K.R. Mohapatra) Judge s.s.satapathy Page 4 of 4