SARAT KUMAR KAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has questioned the jurisdiction of the State Government in appointing a Commission of Inquiry under the Commission of Inquiry Act, 1952 to enquire into the affairs of the Orissa Legislative Assembly and to quash the order dated 10.1.2007 passed by the Commission of Enquiry by which it has ordered that the point of jurisdiction raised by the petitioner shall be decided in its final report.

(2.) THE brief facts of the case are that the petitioner, namely, Sri Sarat Kumar Kar, who was a legislator for few terms, was elected as the Speaker of the 12th Assembly. During his tenure, some appointments in the Assembly Secretariat and purchase of computers were made. There were statutory rules for appointment of staff. As Speaker of the 12th Assembly, the petitioner appointed a Selection Committee as per rules which made the appointments. The Honble Speaker of the 13th Assembly being aware of the adverse media publicity and to get the image of the Assembly cleared of any media abuse, appointed a retired Judge of this Court as the Commission of Enquiry under the Commission of Inquiry Act, 1952 (hereinafter referred to as 'the Act). The Speaker himself realized the same to be incorrect view as he was not one of the authorities to appoint the Commission. Therefore, he recommended to the State Government which ultimately appointed the Commission.

(3.) FROM the record, it appears that initially the Honble Speaker in exercise of powers conferred by Section 3 read with Sub -section (1) of Section 5 of the Commission of Inquiry Act, 1952 (60 of 1952), issued notification appointing a Commission of Inquiry consisting of Justice Chira Ranjan Pal, Retired Judge of Orissa High Court to enquire into and report in respect of the matters mentioned therein within 3 months from the date of publication of this notification in the Orissa Gazette. After the aforesaid notification was issued, the learned Advocate General, Orissa gave his opinion on 18.8.2004 that the notification issued on 23rd July, 2004 by order of the Honble Speaker appointing a Commission is not justified under the Constitution or the rules framed under the Constitution. This may at the most be information to the State Government to form an opinion under Section 3 of the Act. Thereafter, it appears that the Speaker of Orissa Legislative Assembly had brought to the notice of the State Government the issue of alleged corruption in purchase of computers and illegal appointments made during the 12th Assembly on which the State Government in exercise of the powers conferred by Section 3 read with Section 5 of the Commission of Inquiry Act appointed a Commission of Enquiry consisting of Justice Shri Chira Ranjan Pal, retired Judge of Orissa High Court with effect from 22.7.2004, i.e. with retrospective effect to enquire into and report in respect of the above mentioned three matters by notification dated 15.9.2004. The said notification was published in Orissa Gazette Extraordinary dated 15.9.2004 which is reproduced as under :