Lokpal cannot order probe against public servants without hearing them: Delhi High Court

The Delhi High Court has ruled that the Lokpal must give an opportunity of hearing to public servants before ordering an investigation against them [Mujahat Ali Khan v Lokpal of India Through Under Secretary]..A Division Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed that Section 20 of the Lokpal and Lokayuktas Act of 2013 leaves no room for doubt that the requirement of affording an opportunity of hearing at the pre-investigation stage as well as at the post-investigation stage is mandatory. “The language employed in Section 20(3) of the Lokpal Act is peremptory and admits of no discretion. The legislative intent is that the prima facie satisfaction necessary for directing an investigation under the Act must be reached only after considering the explanation of the concerned public servant. Omission of this step, especially when it results in the registration of an FIR and the initiation of a criminal investigation, constitutes a violation of the statutory mandate and of the Principles of Natural Justice,” the Court said. The Bench explained that the Lokpal and Lokayuktas Act provide stringent punishments like transfer, suspension or even attachment of assets of public servants found guilty and therefore, there exists an absolute and unqualified necessity for a strict adherence to the procedural and substantive safeguards prescribed under the statute.“The Lokpal, being a quasi-judicial authority vested with powers that carry penal and stigmatic consequences, is duty-bound to act in strict conformity with the procedure prescribed by law. It must ensure that its process remains fair, transparent, and consistent with the principles of natural justice. Failure to adhere to these safeguards, particularly when the outcome entails serious civil and criminal consequences, strikes at the very root of administrative fairness and justice,” the Court said. .The Bench made the observation while setting aside aside two Lokpal of India orders that had triggered a corruption investigation against Railway officer Mujahat Ali Khan and other officials over alleged manipulation of OMR answer sheets in a 2023 departmental promotion examination.A complaint was filed before the Lokpal alleging bribery and tampering of OMR sheets favouring certain candidates. Lokpal ordered a preliminary inquiry by CBI, which led to a detailed CBI investigation. Khan was not heard before the investigation was ordered. But the CBI FIR named him as an accused.The Lokpal stated that Khan was later allowed to file comments after the CBI submitted its investigation report..However, the High Court rejected the contention. It ruled that the Lokpal proceedings against Khan stood vitiated for non-compliance with the mandatory requirement of Section 20(3) of the Lokpal Act.“It is, however, made clear that the learned Lokpal shall be at liberty, if it so chooses, to initiate proceedings afresh against the Petitioner in accordance with law, strictly adhering to the procedure prescribed under Section 20 of the Lokpal Act,” the Court added. .Advocates Hitesh Kumar, Nishant Singh and Vishal Yadav appeared for Mujahat Ali Khan. Lokpal was represented by advocates Nishant Katneshwar and Vijay Singh. .[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.