HASMUKHBHAI CHINUBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners in both these petitions are challenging the witness summons issued to each of them by the Lokayukta Gujarat State in suo motu Inquiry No.4 of 1990 (Special Civil Application No. 8977 of 1992) and suo motu Inquiry No. 1 of 1991 (Special Civil Application No. 134 of 1993). It is contended that under section 22 of the Gujarat Lokayukta Act 1986 the Lokayukta has delegated the powers by his order dated August 22 1992 of recording evidence under section 11(1) and (2) to Shri B.R. Acharya Registrar Lokayukta office.

(2.) The learned Counsels appearing for both the petitioners have raised the following contentions. (1): That section 22 is ultra vires and violative of Articles 14 19 and 21 of the Constitution of India because it confers unreasonable and arbitrary powers without any guidelines and all the powers of the Lokayukta under the Act (except making the report under sections 12 and 13) can be delegated to any employee and even to a Class IV servant and therefore this section is bad. (2): In the alternative it is submitted that the order delegation is improper (3): The witness summons deserves to be quashed on the ground that it is bad; and (4): That the cross examination of the witnesses in suo motu inquiry by the Counsel of the Commission is not permissible in Law.

(3.) We have heard the learned advocates at length. Section 22 of the Gujarat Lokayukta Act 1986 reads as follows: