LAKHMIR SINGH RANDHAWA Vs. LOK PAL

JUDGEMENT

(1.) SH . Lakhmir Singh Randhawa was the Education Minister, Punjab, in the Cabinet headed by Shri Beant Singh. According to him, there was no allegation ever made against him either that he had misused powers or that he had indulged in the corrupt practices during the tenures of his Education Ministership. On 29. 1. 1996, respondent No. 2-Capt. P. S. Ghuman (Retd.) filed complaint against him to the Lok Pal alleging that his son Ajay Pal Singh Randhawa had sought admission in 10 + 2 Examination two days before the commencement of the examinations against the rules and that he had deposited less fee than that prescribed. Copy of the complaint Annexure P/1 was sent to him and he was asked to appear on 26. 8. 1996 before the Lok Pal. On 26. 8. 1996, he appeared before the Lok Pal alongwith his counsel. Media people also came to enquire about his presence before the Lok Pal and as he appeared before the Lok Pal he was surrounded by the Media People. On the following day i. e. 27. 8. 1996, in the Media, the allegations levelled against him appeared and also his photographs. Media should have no access so far as the proceedings before the Lok Pal are concerned, as the proceedings before the Lok Pal are required to be in camera and the Punjab Lok Pal Act, 1996, has laid down the prohibition so far as publication of the proceedings before the Lok Pal in the Media is concerned.

(2.) ON 26. 8. 1996, when he appeared before the Lok Pal only his presence was marked. The case was adjourned for filing of the reply. On 20. 9. 1996 reply/comments dated 19. 9. 1996, were filed before the Lok Pal, stating that Ajay Pal Singh Randhawa, had sought admission a month prior to the examination as the examinations were supposed to commence from 16. 9. 1994 and not from 16. 8. 1994. The circumstances under which the fees deposited was also explained. The reply/comments dated 19. 9. 1996 is Annexure P/2.

(3.) ON 17. 5. 1996, statement of Capt. G. S. Ghuman was recorded in support of his allegations. He added new allegations that Ajay Pal Singh Randhawa used another person's Roll No. who was a failed candidate in order to appear in mid-term examination. So far as the petitioner is concerned, there was no allegation directed against him. Misconduct, if any, was imputed to his son-Shri Ajay Pal Singh Randhawa. There was no allegation that he was privy to the misconduct alleged to have been committed by Ajay Pal Singh Randhawa. Annexure P/3 is the statement made by Capt. P. S. Ghuman on 17. 5. 1996, before the Lok Pal. No notice was served to the petitioner regarding additional allegations based on statement Annexure P/3. No opportunity was given to him to reply/comment on the allegations made in the Statement of Capt. P. S. Ghuman, respondent No. 2. Capt. P. S. Ghuman did not appear before the Lok Pal after 17. 5. 1996.