AMIT MANN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE petitioner who is made the Head of the Department Nephrology through an Administrative decision of the Vice Chancellor of the Pandit B.D. Sharma University of Rohtak had a reason for approaching this Court complaining about investigation ordered by the Registrar at the office of the Lok Ayukta. The petition was founded on a fundamental objection that a complaint given by the 4th respondent Dr. Nitya Nand, who was a Senior Professor of the Department of Medicine at the University with a copy marked to the Lok Ayukta cannot be acted upon. The further objection was that the prayer in the complaint for quashing the circular issued by the Vice Chancellor after which the petitioner was appointed as the Head of Department could not be a subject of an inquiry by the Lokayukta or the Registrar acting at his behest.

(2.) IT turned out that the copy of the complaint itself had been subsequently substituted with a complaint in a format laid down under the Lokayukta Act and, therefore, the preliminary objection regarding the maintainability of the proceedings itself may not be available. However, the issue still is whether the Registrar had the competence to issue the directions in the manner that he did under the relevant provisions of the Act.

(3.) IN decision rendered by this Court in a petition brought before this Court in CWP No. 22613 of 2012 titled as "Maharaj Singh Vs. State of Haryana" decided on 13.01.2015 this Court has had an occasion to deal with the nature of authority delegated by the Lokayukta to the Registrar and the relevant provision under Section 14 setting out the extent of power of the Registrar. This Court has also considered the nature of authorization that a Lokayukta may make under Section 11 and the power that could be exercised under Section 13. This Court has held that a generic power vested with the Registrar under Section 11 cannot go as far as to direct any inquiry to be made and that the power will have to be restricted only to examine whether prima facie case exists for an investigation to be undertaken. Section 11 allows for the Lokayukta, on receipt of a complaint, to make a preliminary inquiry before investigating such a complaint or direct any other person to make preliminary inquiry. The power to investigate itself is not provided under Section 11 and the Section contemplates holding of a preliminary inquiry only. The Section reads thus: -