KANHAIYALAL VISHWAKARMA Vs. STATE OF M P

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) IN the instant petition filed as Public INterest Litigation, the petitioner has alleged about various financial irregularities alleged to have been committed by the Tehsildar who is arrayed as respondent Mo. 4 in the writ petition. The petitioner inter alia has prayed for a direction to respondent Nos. 1 to 3 to take suitable action against the respondent No. 4.

(3.) SECTION 9 of the Act deals with the provisions relating to complaints. SECTION 9 inter alia provides that every complaint involving an allegation shall be made in such form as may be prescribed and shall be accompanied by deposit of twenty-five rupees. In case a complaint is made against a public servant in relation to whom the Chief Minister is not the Competent Authority neither the deposit nor the affidavit shall be necessary. SECTION 10 of the Act deals with the procedure is respect of enquiry. It empowers the Lokayukt or Up-Lokayukt to decide the procedure to be followed for making the enquiry and in so doing ensure that the principles of natural justice are satisfied. SECTION 11 of the Act makes the provision of the Evidence Act as well as the Code of Criminal Procedure applicable to the procedure of enquiry before the Lokayukt or Up-Lokayukt.