K K ACHUTHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) What is the procedure prescribed under law for the Ombudsman in exercising his power under S.271P of the Kerala Panchayat Raj Act, 1994 to order initiation of prosecution against the elected members or officers in a Panchayat S.271 P reads as follows:-

(2.) A reading of S.271P would show that (1) the Ombudsman has to conduct an investigation or enquiry, (2) he has to enter a finding that there is a prima facie case against the accused involving a criminal offence, (3) for that purpose the accused should be on the party array, (4) the Ombudsman has to refer the complaint along with the findings to the competent authority with recommendation to initiate prosecution, (5) it is open to the concerned authority to conduct a detailed enquiry, if required before charging a case. There is a duty cast on the Ombudsman to conduct an investigation or enquiry on a complaint. In case the Ombudsman decides to refer a complaint to a competent authority with recommendation to initiate prosecution, he

(3.) It is in this background, the facts in the instant case are to be appreciated. The challenge is on Ext. P2 order passed by the Ombudsman. There is also a prayer for direction to the second respondent Ombudsman to consider the complaint O. P. No. 994/2000 afresh after giving an opportunity to file a counter statement/ affidavit. The second respondent disposed of O.P. No. 994/2000 as per Ext. P2. To the extent relevant the order reads as follows:--