SANGEETAM VENKATA REDDY Vs. GOVT OF A P

JUDGEMENT

(1.) THE petitioner seeks a writ to declare G. O. Rt. No. 3776 (General Administration-SC. E. Department), dated 20-l0-987 issued by the first respondent by order of H. E. the Governor and the report dated 12-4-1988 submitted by the 3rd respondent pursuant thereto, as illegal and without jurisdiction and to set aside the same. By the said G. O. , the Governor in exercise of powers under Sub-section (3) of Section 18 of Andhra Pradesh Lok Ayukta and Upa-Lok Ayukta Act, 1983 (hereinafter referred to as the Act), required the Hon'ble Lok Ayukta to investigate the allegations mentioned therein against the public servants named therein. The definition of public servant includes a Minister who is a member of Council of Ministers of the State of Andhra Pradesh and a Member of State Legislature either present or past. At the relevant point of time when the impugned order was passed, the petitioner was a Member of the State Legislature. Earlier he was a Minister for Mines etc. Insofar as the petitioner is concerned, the allegation which is referred to for investigation by Hon'ble Lok Ayukta is as follows:

(2.) THE relevant documents and list of witnesses was appended to the G. O. The G. O. issued by the G. A. D. was preceded by a communication addressed by H. E. the Governor of A. P. to the Hon'ble Lok Ayukta calling upon the Lok Ayukta to investigate the allegation abovementioned. Section 18 (3) of the Act is as follows:

(3.) THUS, the Hon'ble Lok Ayukta became seized of the matter on a reference made by the H. E. the Governor Under Section 18 (3) of the Act. Reference was registered as Complaint No. 3419 of 1987. The Hon'ble Lok Ayukta probed into the allegation by calling for the relevant records, examining the witnesses and marking the documents. The petitioner was given an opportunity to participate in the proceedings to cross-examine the witnesses and to adduce the evidence. The petitioner was represented by a Legal Practitioner. The concluding part of the finding of the Hon'ble Lok Ayukta is as follows: