CH. RAMA RAO versus THE LOKAYUKTA AND ORS.

CH. RAMA RAO versus THE LOKAYUKTA AND ORS.

At the stage of preliminary verification or investigation under the A.P. Lokayukta & U.P. Lokayukta Act, 1983, no opportunity of hearing is necessary to the public servant; such opportunity is required only during the regular investigation. The Lokayukta is justified in not issuing any notice or giving opportunity at the preliminary stage. Lokayukta has the statutory power to submit interim reports recommending suspension or transfer pending further investigation.

Parties
Petitioner: CH. Rama Rao; Respondents: The Lokayukta and Others
Jurisdiction
India
Judgment Date
09 May 1996
Procedural Posture
Special Leave Petition (civil) / Supreme Court Order on Slps
Outcome
Petitions dismissed
Legal Topics
Natural Justice, Lokayukta Powers, Opportunity of Hearing, Preliminary Investigation, Confidentiality in Inquiry
Administrative Law Natural Justice Lokayukta Powers Opportunity of Hearing Preliminary Investigation Confidentiality in Inquiry

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Parties

CH. Rama Rao

Petitioner

The Lokayukta and Others

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court Order on Slps

Legal Issues

  1. 1 Whether opportunity of hearing is required to be given to a public servant at preliminary verification/investigation by Lokayukta under the A.P. Lokayukta & U.P. Lokayukta Act, 1983.
  2. 2 Whether Lokayukta has power to submit interim report recommending suspension or transfer pending further investigation.
  3. 3 Whether Sections 3, 4, 7, and 12 of the Act are constitutional.

Ratio Decidendi

At the stage of preliminary verification or investigation under the A.P. Lokayukta & U.P. Lokayukta Act, 1983, no opportunity of hearing is necessary to the public servant; such opportunity is required only during the regular investigation. The Lokayukta is justified in not issuing any notice or giving opportunity at the preliminary stage. Lokayukta has the statutory power to submit interim reports recommending suspension or transfer pending further investigation.

Court Disposition

Petitions dismissed

Orders

  • Special leave petitions are dismissed.