Court finds lack of specific reasons and materials in Lokpal's directive for CBI investigation against petitioner, underscoring the importance of adherence to statutory requirements.
In a significant ruling, the Delhi High Court quashed an order by the Lokpal of India directing a Central Bureau of Investigation (CBI) probe against Shri. Shashi Shekhar Prasad, a Senior Intelligence Officer from the Directorate of Revenue Intelligence (DRI), Delhi Zonal Unit. The court found that the Lokpal failed to provide specific reasons or material evidence to justify an investigation under Section 20(3) of the Lokpal and Lokayuktas Act, 2013.
The judgment was delivered by a bench comprising Mr. Vivek Chaudhary and Ms. Renu Bhatnagar. It emphasized that the Lokpal must adhere to statutory requirements and explicitly record reasons for prima facie satisfaction when directing an investigation, especially when preliminary inquiry findings favor the accused.
The case stems from a complaint filed by a respondent alleged to have led a large smuggling syndicate. Despite a preliminary CBI inquiry exonerating Mr. Prasad, the Lokpal issued a show-cause notice and subsequently directed an investigation, citing "counter allegations supported with verifiable facts." The court, however, noted that the Lokpal's order lacked any substantive discussion or material against Mr. Prasad, rendering the directive arbitrary and illegal.
Counsel for the petitioner argued that the Lokpal's order did not identify specific reasons or materials against Mr. Prasad, who was cleared by the preliminary CBI report. The court agreed, highlighting that the statutory framework under Section 20 of the Act mandates a reasoned order based on material evidence.
The High Court's decision reinforces the necessity for quasi-judicial and administrative authorities to provide clear and cogent reasons in their orders, ensuring transparency and fairness in decision-making processes.
Bottom Line:
Lokpal must adhere to statutory requirements under Section 20 of the Lokpal and Lokayuktas Act, 2013, and clearly record reasons for prima facie satisfaction when directing an investigation, particularly when preliminary inquiry findings are in favor of the accused.
Statutory provision(s): Lokpal and Lokayuktas Act, 2013, Section 20; Principles of Natural Justice
Shri. Shashi Shekhar Prasad v. Lokpal of India, (Delhi)(DB) : Law Finder Doc id # 2878424
