ASHOK KUMAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order dated 01.06.2017 passed in Complaint Case No.01 Public (Irrigation) 01/2015, whereby and whereunder the Hon'ble Lokayukta has recommended to institute an F.I.R.

(2.) It is the grievance of the petitioner that the Hon'ble Lokayukta has exceeded its jurisdiction by making recommendation with the proposal to institute F.I.R which is in the teeth of provision as contained in Section 12 of the Lokayukta Act, 2001 whereby and whereunder, it has been provided that the Lokayukta after making investigation is to make recommendation before the competent authority for taking action on its part and to submit action report before him but he in contrary to the said provision has made recommendation to institute FIR which cannot be said to be recommendation rather it is in the nature of direction upon the Director General, Anti Corruption Bureau, Ranchi for institution of FIR against him and hence the same is not sustainable in the eye of law.

(3.) Counter affidavit has been filed on behalf of respondent no. 2 whereby and whereunder stand has been taken that in course of investigation complaint has been made against the petitioner and recommendation to institute and FIR has been passed and as such the same cannot be said to be in consonance with the statutory provision, reliance upon the judgment rendered by the Hon'ble Apex Court in the case Rang Nath Mishra Vs. State of UP, 2015 8 SCC 117 has been made accordingly, submission has been made to dismiss the writ petition.