MAHARAJ SINGH Vs. STATE OF HARYANA ORS.

JUDGEMENT

(1.) The petition is to test the vires of the proceedings of the Registrar, which, according to the petitioner, are without jurisdiction. Through the impugned orders, he has constituted inquiries, called for records from criminal court, directed fresh inquiries to be made and issued instructions to various offices of the police department to make inquires on some allegations of forgery. The counsel for the petitioner points out that the power of the Registrar are restricted under the provisions of the Haryana Lokayukta Act, 2002 and, if at all, they could be exercised only in the manner spelt out under Sections 11 to 14 of the Act. Section 11 contemplates that on receipt of a complaint, the Lokayukta may, before proceeding to investigate such complaint, make such preliminary inquiry or direct any other person to make such preliminary inquiry, as he deems fit. The authorization that Lokayukta may issue under Section 11, shall be to make such inquiry and if he finds that no such ground exists, he shall record a finding to that effect. Section 13 again contemplates a power to summon record but this section does not contemplate that such a power to summon record of the State government to be capable of being delegated to any other person. On the other hand, Section 14, like Section 11, allows for the Lokayukta for the purpose of any inquiry or investigation to authorize any person to do any one of the three activities which Section 14(1) deals with. They are as follows:--

(2.) I see force in the contention made by the petitioner and quash the impugned proceedings dated 18.1.2012, 8.2.2012. 26.4.2012 and 13.8.2012 spelt out in Annexures P/7, P/8, P/10 and P/12 respectively.

(3.) It shall be competent for the Lokayukta if he wants to invest in the Registrar any power to the extent as is contemplated in the aforesaid sections and his own activities shall stand restricted to it. The power already granted which is extracted above, if it is not modified, shall stand confined only to routing the inquiries through him and making possible only for the Lokayukta to pass appropriate order. The Registrar himself shall not pass any order beyond what is specifically stipulated in the order already issued on 1.8.2011. The writ petition is disposed of with the above observations.