MADAN LAL Vs. LOKAYUKTA

JUDGEMENT

(1.) In all the writ petitions identical questions of fact and law are involved, therefore, with the consent of learned counsel for the parties, all the writ petitions are heard together and are being disposed of by this common judgment. A complaint was made by Mr. Ramesh Chandra Chauhan, claiming himself to be the State President of Uttaranchal Bhoomi Evam Jal Sangrakshan Jalagam Vikas Pravidhik Association, to the Lokayukata demonstrating certain irregularities and illegalities being committed by the Director and Higher officials of the Agriculture Department of State of Uttarakhand; another complaint was preferred under the signature of Smt. Rama Chauhan, wife of Ramesh Chandra Chauhan; and both the complaints are verbatim same. At the time of making complaint, Mr. Ramesh Chandra Chauhan, was posted and working as Group II Officer, Agricultural Services, in Government Soil Conservation Training Centre, Pauri, District Pauri Garhwal.

(2.) There is no fight between the parties on the question that complainant Ramesh Chandra Chauhan was a public servant at the relevant time and he falls within the definition of public servant as defined under Section 2 (j) (iii) of the U.P. Lokayukta and Up Lokayukta Act, 1975 (for short Act, 1975).

(3.) A bare perusal of the Section 9 (1) (b) of the Act, 1975 would demonstrate that a complaint can be made about the allegations by any person other than public servant, however, as per sub-Section (a) of Section 9 (1) of the Act, complaint pertaining to the redressal of the grievance can be made by any person aggrieved.