Delhi High Court Quashes Lokpal Orders Against Railway Official for Procedural Lapses

Court finds violation of mandatory hearing provisions under Lokpal Act, Orders set aside with liberty to reinitiate proceedings

In a significant judgment, the Delhi High Court has quashed orders issued by the Lokpal of India directing an investigation against Mujahat Ali Khan, a public servant, for alleged corruption in a departmental promotion examination conducted by the West Central Railway. The orders dated February 21, 2025, and September 23, 2025, were invalidated due to non-compliance with mandatory procedural safeguards enshrined in Section 20(3) of the Lokpal and Lokayuktas Act, 2013.

The bench comprising Justices Anil Kshetarpal and Harish Vaidyanathan noted that the Lokpal failed to provide Khan with a prior opportunity of hearing before directing an investigation, a step considered crucial under the principles of natural justice. The court underscored that the statutory requirement to hear the concerned public servant at both pre-investigation and post-investigation stages is imperative and cannot be bypassed.

The case originated from allegations of tampering with OMR sheets during the promotion examination, purportedly in exchange for bribes. The Lokpal had directed the CBI to conduct a preliminary inquiry, which led to the registration of an FIR against Khan and others under various sections of the IPC and Prevention of Corruption Act. However, the High Court found that the Lokpal's orders were issued without affording Khan the opportunity to explain, as mandated by the Lokpal Act.

The judgment emphasized that procedural safeguards are vital, especially given the severe civil and criminal consequences that may arise from such proceedings. The court cited precedents affirming that statutory processes must be adhered to strictly, and any deviation could render proceedings unsustainable.

While setting aside the Lokpal’s orders, the court allowed the statutory body the liberty to reinitiate proceedings against Khan, provided they adhere strictly to the procedural requirements laid down in the Lokpal Act.

This ruling highlights the judiciary's role in ensuring compliance with legal provisions and safeguarding individuals' rights against procedural lapses in anti-corruption investigations.

Bottom Line:

Lokpal and Lokayuktas Act, 2013 - Mandatory compliance with Section 20(3) requiring prior opportunity of hearing to public servant before directing an investigation - Failure to adhere to statutory safeguards vitiates proceedings against the Petitioner.

Statutory provision(s): Lokpal and Lokayuktas Act, 2013 Sections 20(3), 20(7), 29, 32; Article 226 of the Constitution of India

Mujahat Ali Khan v. Lokpal Of India, (Delhi)(DB) : Law Finder Doc Id # 2809468