AJIT KUMAR ETC. Vs. STATE OF JHARKHAND ETC.

JUDGEMENT

(1.) In these writ applications filed in the nature of Public Interest Litigation the petitioner, who is advocate of this Court approached this Court for issuance of mandamus upon the respondents to appoint Lokayukta for the State of Jharkhand in terms of the provisions of Bihar Lokayukta Act, which has also been adopted by the State of Jharkhand. It is alleged in the writ petition that the Government of Jharkhand is not taking keen interest in the matter of appointment of Lokayukta and as per news item published in the newspaper, the matter of appointment of Lokayukta has been kept pending before the Chief Minister of Jharkhand.

(2.) FOR better appreciation of the facts and for deciding the issue with regard to procedure for appointment of Lokayukta. it would be useful to State hereinafter the sequence of development which took place after filing of the writ petitions.

(3.) THE first affidavit was filed by the Secretary, Personnel Administrative Reforms and Raj Bhasha Department on 16.8.2001 making vague statement that the State Government is taking necessary action to appoint Lokayukta at the earliest. Another affidavit was filed by the Secretary. Personnel Administrative Department on 24.8.2001 stating inter alia that the procedure for consultation already begun and the concerned file was sent to the Leader of Opposition on 22.8.2001. The matter was taken up on 13.9.2001 and this Court observed that in normal circumstances, it was expected that the person to whom the file was sent for consultation should have completed the consultation process within the shortest possible time. The Advocate General was therefore, directed to get in touch with the Leader of Opposition and to convey to him the observation made by the Court. The matter was adjourned with the hope that by the next date, final decision would be taken in the matter of appointment of Lokayukta. On 21.9.2001, another affidavit was tiled by the Secretary, Personnel. Administrative Reforms and Raj Bhasha Department, stating that the Government has already initiated the procedure for the appointment of Lokayukta by way of consultation and the concerned file which was sent to the Leader of Opposition has since returned which was resubmitted to the Chief Minister. The Chief Minister will take further steps including consultation with the Honble the Chief Justice of Jharkhand High Court, Ranchi and the Leader of Opposition. On 4.1.2001, another affidavit was filed by the Deputy Secretary. Department of Personnel and Administrative Reforms, stating inter alia that the Collegium of Members for selection of Lokayukta (the Chief Minister, Honble the Chief Justice of Jharkhand High Court and the Leader of Opposition) Unanimously agreed to the proposal of appointment of Mr. Justice A.K. Srivastava, retired Justice of Allahabad and Delhi High Court to the post of Lokayukta, Jharkhand. It was further stated that the formal approval in the concerned file was obtained from the Leader of Opposition. Honble the Chief Minister and the file was endorsed to Department of Cabinet Co -ordination to obtain approval of Cabinet as per Schedule III (1) of the Rules of Executive Business. It was further stated in the affidavit that the Cabinet in its meeting dated 8.12.2001 deferred the matter with direction to request the collegium to recommend a person who is a domicile of Jharkhand to be appointed as Lokayukta. Accordingly, the matter was again referred to the Honble Chief Minister for initiating reconsultation in this regard. This Court taking into consideration the aforesaid affidavits passed order on 4.1.2002 directing the Secretary, Department of Personnel and Administrative Reforms. Jharkhand to file affidavit and ensure this Court as to within what time Government shall come with notification. When nothing was done in the matter of appointment of Lokayukta, this Court was compelled to pass order for personal appearance of Principal Secretary of Honble the Chief Justice, Jharkhand High Court, Personal Secretary to the Honble Chief Minister, Jharkhand and the Personal Secretary to the Leader of Opposition with a direction to obtain instruction from their respective members and file affidavit as to by which date the recommendation shall be made.