LAWS(ORI)-1970-9-4

DR HAREKRUSHNA MAHTAB Vs. CHIEF MINISTER OF ORISSA

Decided On September 23, 1970
HAREKRUSHNA MAHTAB Appellant
V/S
CHIEF MINISTER OF ORISSA Respondents

JUDGEMENT

(1.) ON 27-6-1967 a memorial (Annexure 'A') was submitted to the President of India by Sri Sadasiba Tripathy and 24 M. L. As. and M. Ps. of the Congress Party alleging corruption and impropriety against Sarbasri R. N. Singh Deo (Chief Minister), Pabitra Mohan Pradhan (Deputy Chief Minister), S. N. Patnaik (Minister), Banamali Patnaik (Minister), Santanu Kumar Das (Minister), N. K. Choudhury (Ex-Chief Minister) and Dr. H. K. Mahtab (Ex-Chief Minister and petitioner) and praying for the appointment of a Commission of Inquiry. This memorial was sent by Sri Chavan, the then Home Minister of India, to the Chief Minister for such action as the latter deemed proper. The Chief Minister wrote to Sri Chavan saying that on examination of the records available with the Government of Orissa, no prima facie case was made out against anyone of the aforesaid persons. He however said that if the Home Minister of India desired, he might get the matter examined by a sitting fudge of a High Court or the Supreme Court of India. Sri Chavan replied that it would not be possible to ask any sitting Judge to do the job and the matter might be examined by the Chief Minister through a retired High Court or Supreme Court Judge. Sri Mudholkar (Opposite Party No. 3), a retired Judge of the Supreme Court, agreed to examine the matter. He was appointed on 3-5-1968 to conduct the inquiry as per the following notification dated 3rd May, 1968 (Annexure '18').

(2.) THE recommendations of Sri Mudholkar which the petitioner seeks to be quashed by the issue of a writ of certiorari are as follows :

(3.) ON the aforesaid analysis, we are of opinion that the inquiry made by Sri Mudholkar was purely administrative and was not quasi-judicial in character where principles of natural justice were to be observed.