Court dismisses allegations of bias, affirms Lokayukta's jurisdiction restricted to state agencies, not central bodies like CBI.
In a significant ruling, the Jharkhand High Court has upheld the limitations on the investigative powers of the Lokayukta under the Jharkhand Lokayukta Act, 2001, dismissing a writ petition filed by Satyadeo Roy. The petitioner had challenged an order by the Lokayukta which refused to direct central agencies, such as the Central Bureau of Investigation (CBI) or the Accountant General, to investigate allegations of financial irregularities involving a university official, who is also the Lokayukta’s brother.
Justice Sanjay Kumar Dwivedi ruled that the Lokayukta's powers are confined to directing state government agencies with the consent of the state, as per Sections 13(3) and 19 of the Act. The court emphasized that the Lokayukta cannot delegate its core decision-making powers or involve central agencies in investigations.
The petitioner, who had previously served as an Audit Officer, sought the court's intervention after the Lokayukta dismissed his request for a CBI investigation into alleged financial misconduct at Ranchi University. The petitioner argued that the Lokayukta acted contrary to the Act and violated the oath of office by not delegating the investigation to another officer due to a potential conflict of interest.
However, the court found no merit in these claims, affirming that the doctrine of necessity allowed the Lokayukta to decide the case despite allegations of bias. The court noted that in a single-member institution like the Lokayukta, the principle of necessity applies, as there are no alternative authorities to make the decision.
Moreover, the court clarified that the proceedings of the Lokayukta are protected under Section 16 of the Jharkhand Lokayukta Act, which ensures that the actions taken in good faith cannot be invalidated except on jurisdictional grounds. The court further highlighted that a parallel investigation by central agencies was not permissible while a state police investigation was already underway.
The judgment underscores the statutory boundaries within which the Lokayukta operates, reinforcing that its authority does not extend to central government entities. The court's decision effectively dismisses the writ petition, reinforcing the importance of adhering to statutory provisions and jurisdictional limits.
Bottom line:-
Jharkhand Lokayukta Act, 2001 - Lokayukta cannot direct central agencies like CBI or Accountant General to conduct investigations under Section 13(3)(ii). Lokayukta's powers are limited to State Government agencies with the consent of the State Government. Allegations of bias against the Lokayukta are not sustainable when the principle of necessity applies in a single-member institution like Lokayukta.
Statutory provision(s):
Jharkhand Lokayukta Act, 2001 Sections 13(3), 19, 8, 16
Satyadeo Roy v. State of Jharkhand, (Jharkhand) : Law Finder Doc id # 2921862
