S SANTHANAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These two writ petitions give rise to the far-reaching question, whether the Lokayukta has jurisdiction to conduct preliminary verification into matters touching the All India Service officers. By virtue of Andhra Pradesh Lokayukta & Upa-Lokayukta Act, 1983 (for short 'the Act 11/83'), the Institution of Lokayukta is established in the State with the prime object of meeting the of expressed public outcry gainst the prevalence of corruption, the existence of wide spread inefficiency and the unresponsiveness of the administration to the popular needs and to provide a machinery in order to examine public complaints and shift the genuine from the false or the untenable so that the administrative failures and achievements could be publicly viewed in their correct perspective.

(2.) It is not disputed that the term 'preliminary verification' as used in the Act 11/83 is similar to the expression 'investigation' in the code of Criminal Procedure and the term 'investigation' in the Act 11/83 means the expression 'trial' as used in the Code of Criminal Procedure. The State as also the registry of Lokayukta i.e., respondents 1 and 2 have conceded that the Lokayukta has no power or jurisdiction to conduct 'investigation' into matters relating to All India Service Officers. However, the main stress on the issue is that the Lokayukta as per the provisions in Act 11/83 has jurisdiction and is competent to conduct preliminary verification into matters touching All India Service Officers.

(3.) To appreciate the main contentions of the respective parties, it is necessary, at the outset, to have a look at the relevant provisions of Act 11/83.