POORAN SINGH PALLAIYA Vs. LOK AYUKTA M P

JUDGEMENT

(1.) THIS appeal, under Section 2 (1) of the Madhya Pradesh Uchcha nyayalaya (Khand Peeth Ko Appeal)Adhiniyam, 2005 is directed against the judgment/order dated 14-11-2006 passed by Writ Court in Writ Petition No. 5649/2005.

(2.) THE moot question for consideration in this appeal before us is whether in mayor of Gwalior Municipal Corporation and ex-Councillors of the Municipal Corporation come within the purview of the definition of 'public servant' as defined under Section 2 (g)of Madhya Pradesh Lokyukt Evam Up-Lokayukt Adhiniyam, 1981 (for brevity as "adhiniyam of 1981", which reads as under :-

(3.) THE brief facts leading to the controversy involved in the case are that the appellant No. 1 was elected as Mayor and appellants Nos. 2 to 6 as Councillors of the municipal Corporation Gwalior in the elections held in the year 1999 in accordance to the provisions of M. P. Municipal Corporation Act 1956 (for brevity as "act of 1956")for a period of five years, which has expired in January 2004. A complaint was filed before the Lokayukt M. P. about some irregularities committed by the appellants in acceptance of tenders called by the Municipal corporation for construction of asphalt road. Lokayukt in exercise of power under Section 7 of the Adhiniyam of 1981 got enquired the matter through the Technical Cell of the lokayukt Organization. Upon the preliminary enquiry prima facie case was found against the appellants as well as against the m. P. Municipal Commissioner, Engineers and Officers of the Corporation. Thereupon show cause notices were issued to 11 persons to show cause as to why the recommendations should not be made against them to the competent authority under Section 12 (1) of the Adhiniyam of 1981.