SAT PRAKASH RANA Vs. LIEUTENANT GOVERNER OF DELHI

JUDGEMENT

(1.) The Petitioner, a Member of the Legislative Assembly (MLA) of Delhi, seeks the quashing of the proceedings before the Lokayukta, Delhi in Complaint No. C-236/Lok/2009 titled "Ramesh Thakur v. Sat Prakash Rana". He also seeks the quashing of two separate orders dated 17th February 2010 passed by the Lokayukta in the said case.

(2.) Although the Lokayukta, Delhi was impleaded as Respondent No. 1 in this writ petition and was also represented by counsel, this Court is of the view that an authority whose orders are under challenge, ought not to be made a party to the proceedings. This position is settled by the Supreme Court in Savitri Devi v. District Judge Gorakhpur, 1999 2 SCC 577 and Fakeerappa v. Karnataka Cement Pipe Factory, 2004 2 SCC 473 and the Division Bench of this Court in Union Public Service Commission v. Shiv Shambu,2008 9 AD(Delhi) 289. Accordingly, the name of the Lokayukta, Delhi is deleted from the array of parties in the present case. The cause title of this writ petition will read as "Sat Prakash Rana v. The Lieutenant Governor of Delhi and Anr.". Consequently, the other respondents i.e. the Lt. Governor (LG) and Mr. Ramesh Thakur will be Respondents 1 and 2 respectively.

(3.) The proceedings before the Lokayukta are traceable to a complaint dated 7th October 2009 filed before him by Respondent No. 2 Mr. Ramesh Thakur, a Superintending Engineer (SW) of the Delhi Jal Board (DJB) working at Sector 4, Booster Pumping Station, R.K. Puram. In his complaint Mr. Thakur stated that on the evening of 1st October 2010 when he was in his office, the Petitioner who is an MLA elected from the Bijwasan Constituency barged into his room at around 5.10 p.m. The complaint alleged that the Petitioner enquired about some petty works of tubewells of his constituency and then without provocation began shouting. Paras 2 to 4 of the complaint narrate what, according to Mr. Thakur, happened thereafter and read as under: