SUBHAS CHANDRA MISHRA Vs. LOKPAL

JUDGEMENT

(1.) BY this application under Articles 226 and 227 of the Constitution of India the petitioner seeks quashing of the order dated 19.4.2001 made by the Lokpal and the notice No. 211/SRC dated 19.5.2001 issued by the Special Relief Commissioner, Orissa to him.

(2.) THE case of the petitioner is that at present he is the Engineer Member under the Bhubaneswar Development Authority (hereinafter referred to as 'B.D.A.') which is a statutory authority having been constituted under Sub -section (3) of the Section 3 of the Orissa Development Authorities Act, 1982. The B.D.A. consists of the following members :

(3.) SHRI Mohanty seriously contended that the Lokpal having found that the so -called complaint petition was a pseudonymous one acted illegally in exercise of his jurisdiction in directing the Social Relief Commissioner to hold a 'secret inquiry.' It is the submission of Shri Mohanty that the Lokpal conducted preliminary investigation as is evident from his order dated 1,9.4.2001 by sending the so -called complaint petition to the Vice -chairman of the B.D.A. who after causing necessary inquiry submitted report that the complaint is a pseudonymous one which does not call for any further action. According to Shri Mohanty in the circumstances, the so -called complaint petition ought to have been rejected on the ground that it is frivolous, vexatious and mala fide. By entertaining such pseudonymous complaint on the basis of which 'secret inquiry' has been directed to be conducted, the Lokpal has encouraged frivolity which is not in the interest of justice.