Case Law Details
1. The superb question of law that falls for consideration in this writ petition is, whether the Chhattisgarh Lok Aayog has jurisdiction and authority to pass an order directing the State Government and / or its authorities to hold departmental enquiry mandatorily and to recover the amount in exercise of its advisory jurisdiction under sub-section (1) of Section 11 of the Chhattisgarh Lok Aayog Adhiniyam, 2002 (for short ‘the Adhiniyam, 2002’).
2. The above stated question of law arises for determination in the following factual backdrop: –
3. The petitioner is holding the substantive post of Extension Officer in the Department of Co-operative, Government of Chhattisgarh. He also worked as Liquidator of Maharana Pratap Grih Nirman Samiti Maryadit, Bilaspur between the period from 28-12-2007 to 26-3-2009. A complaint was lodged by the complainant against the petitioner and five other officers to the Chhattisgarh Lok Aayog complaining that the petitioner and some other officers have committed serious irregularity in allotment and sale of plots and thereby they have committed misconduct for which they are liable to be prosecuted departmentally and criminally.
4. Upon receipt of complaint, the Chhattisgarh Lok Aayog directed the State Government to conduct an enquiry and submit a report. The State Government constituted a three-member committee to enquire into the allegation which conducted preliminary enquiry and submitted report that embezzlement of ₹ 41,11,100/- has been committed and the complaint against the petitioner is true. Thereafter, the matter was forwarded to the learned Pramukh Lokayukt and on 20-5-2014, the Legal Adviser to the learned Pramukh Lokayukt submitted the matter to the learned Pramukh Lokayukt who on 26-6-2014 agreed with the interpretation / note submitted by his Legal Adviser and acting upon that, on 28-6-2014, the Secretary of the Chhattisgarh Lok Aayog directed the Registrar, Co-operative Societies to recover the amount embezzled by holding a departmental enquiry and to submit compliance report within three months by 25-9-2014. The State Government and its authorities thereafter, by order dated 15-10-2015 (Annexure P-2), directed the petitioner to deposit an amount of ₹ 54,70,600/- within 15 days from the date of receipt of the order.
5. Impugning the legality and correctness of the order dated 28-6- 2014 passed by the Chhattisgarh Lok Aayog as well as the order dated 15-10-2015 passed by the Deputy Director, Co-operative Societies, Bilaspur, this writ petition has been filed by the petitioner alleging inter alia that function and duty of the Lok Aayog under Section 11 (3) of the Adhiniyam, 2002, is re commendatory in nature and after enquiry on a complaint, if the complaint is established, the Lok Aayog has duty and responsibility to communicate its finding and recommendation along with relevant documents and other evidence to the competent authority/appointing authority. Thus, report of the Lok Aayog is re commendatory in nature and the Lok Aayog can make any recommendation for departmental action but no order or direction can be issued to necessarily hold departmental enquiry and to pass order directing recovery. It has further been pleaded that in the instant case, though prior to making of complaint to the Lok Aayog, departmental enquiry was already pending against the petitioner, but since the Lok Aayog has passed order for holding of departmental enquiry and recovery of the amount in dispute, the State Government without conducting any enquiry, only on the basis of order passed by the Lok Aayog, has directed recovery of ₹ 54,70,600/- which is absolutely bad and unsustainable in law.
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