RAMVIR UPADHYAYA Vs. LOKAYUKTA

JUDGEMENT

(1.) Heard Shri S.K. Kalia, learned senior counsel appearing for the petitioner and the learned counsel for the opposite parties and perused the record. The instant writ petition has been preferred under Article 226 of the Constitution of India against the impugned order dated 24.2.2012 passed by the Lokayukta of State of U.P., whereby the petitioner is permitted to file objection by 5.3.2012.

(2.) Shri S.K. Kalia, learned senior counsel appearing for the petitioner submits that the Lokayukta is proceeding ahead in arbitrary manner. He has taken cognizance of the complaint, which has been submitted without following the provisions of Section 9(2) readwith Section 5 of the Lokayukta Act. Further submission is that with regard to identical complaint, the Lokayukta had rejected by order dated 28.11.2011. According to learned counsel for the petitioner, since the identical complaint has been rejected, it is not open for the Lokayukta to entertain subsequent complaint.

(3.) Earlier the writ petition (Writ Petition No. 1398 (MB) of 2012) was filed by the petitioner raising objection for arbitrary use of power by the Lokayukta, which was disposed on 22.2.2012 with liberty to the petitioner to move appropriate application before the Lokayukta for grant of reasonable time to file objection. Lokayukta has permitted the petitioner to file objection by 5.3.2012.