MISHRIMAL JETHMAL OSWAL Vs. LOKAYUKTA MAHARASHTRA STATE

JUDGEMENT

(1.) According to the Maharashtra Lokayukta and upa-Lokayuktas Act, 1971 (hereinafter referred to as "the Act") , Lokayukta has power to investigate any action against a public servant. The short question which arises for consideration is whether the jurisdiction of lokayukta would lapse half way through the hearing of complaint, just because the accused ceases to be public servant during the course of hearing. The Lokayukta by virtue of Section 7 of the Act is invested with powers to investigate any action against a public servant. Section 7 of the Act reads as under:- 7 (1) Subject to the provisions of this Act, the Lokayukta may investigate any action which is taken by, or with the general or specific approval of.- (i) a Minister or a Secretary; or (ii) any public servant referred to in sub- clause (iii) of clause (k) of Section 2; or (Hi) any other public servant being a public servant of a class or sub-class of public servants notified by the State Government in consultation with the Lokayukta in this behalf, in any case where a complaint involving a grievance or an allegation is made in respect of such action or such action can be or could have been, in the opinion of the lokayukta, the subject of a grievance or an allegation. (2) Subject to the provisions of this Act, an Upa-Lokayukta may investigate any action which is taken by, or with the general or specific approval of, any public servant not being a Minister, Secretary or other public servant referred to in sub-section (1) in any case where a complaint involving a grievance or an allegation is made in respect of such action or such action can be or could have been, in the opinion of the Upa-Lokayukta, the subject of a grievance or an allegation. (3) Notwithstanding anything contained in sub-section (2) , the Lokayukta may, for reasons to be recorded in writing, investigate any action which may be investigated by an Upa-Lokayukta under that sub-section whether or not a complaint has been made to the Lokayukta in respect of such action. (4) Where two or more Upa-Lokayuktas are appointed under this Act, the Lokayukta may, by general or special order, assign to each of them matters which may be investigated by them under this Act: provided that no investigation made by an Upa-Lokayukta under this Act and no action taken or thing done by him in respect of such investigation shall be open to question on the ground only that such investigation relates to a matter which is not assigned to him by such order. " 1. The brief facts, which are necessary to dispose of this Writ Petition, are recapitulated as under :

(2.) Since respondent Nos. 2 and 3 were the President and Chief Officer of Lonavla municipal Council, respectively, and were "public servants" within the meaning of Section 7 of the Act, therefore, the Lokayukta started investigating the complaint. While dent No. 2 ceased to be the President of the municipal Council.

(3.) It was submitted by the respondents that since respondent No. 2 has ceased to be the President of the Municipal Council, lonavla, therefore, the prosecution cannot proceed, whereas it was submitted by the petitioner that once Lokayukta is seized of the matter, which is within his jurisdiction, such jurisdiction cannot lapse half-way through the hearing of the matter, because during the pendency of the investigation, the second and third respondents ceased to be public servants.