RAJESH RAJORA Vs. LOKAYUKT ORGANISATION

JUDGEMENT

(1.) By this petition, filed under Article 226 of the Constitution, the petitioner has prayed for quashing of show cause notice dated 14.1.2009, Annexure P1, issued to him under section 10 of the Madhya Pradesh Lokayukt Evam Up-Lokayukt Adhiniyam, 1981 (in short, "the Adhiniyam") in Enquiry Case No. 124/2006. The petitioner is a member of Indian Administrative Service whereas respondent no. 1 is Lokayukt appointed under section 3 of the Adhiniyam. During the relevant period between the years 2006-2007 the petitioner was posted as Health Commissioner in the State of Madhya Pradesh. The Lokayukt, on receiving information that the petitioner has committed serious financial irregularities in the purchase of vials worth rupees two crore, made an enquiry under section 10 of the Adhiniyam. The Lokayukt, on being satisfied that there is a prima facie case against the petitioner, issued the impugned show cause notice to him as to why report may not be submitted under section 12(1) or a criminal case be registered. The Lokayukt alongwith the notice also supplied the materials which formed the basis of prima facie case. The petitioner filed a reply to the show cause notice and also immediately rushed to this High Court by filing the present petition.

(2.) The petitioner mainly submits that the show cause notice deserves to be quashed as the same has been issued pursuant to an enquiry held against the provisions of section 10 of the Adhiniyam because no opportunity of hearing was given to him during the enquiry. The learned counsel for respondent no. 1, on the other hand, has defended the validity of the show cause notice.

(3.) Section 10 and section 12(1) of the Adhiniyam read as under: