Jabalpur (Madhya Pradesh): The Madhya Pradesh High Court has stayed an order of the Lokayukta asking officials to seek its prior approval before filing closure reports of 'trap' and disproportionate assets cases in courts related to certain sections of state employees.
In its ruling on Monday, which came on a PIL, the HC observed that seeking approval of the Lokayukta before filing such closure reports may not fall within the purview of the Act governing the anti-corruption ombudsman.
A division bench comprising Chief Justice Ravi Malimath and Justice VK Shukla observed that "on considering the impugned order passed by the respondent No. 3 (the Lokayukta Madhya Pradesh), we are of the prima facie view that the authority could not have passed the said order." The bench further noted, "That, the question of seeking approval of the Lokayukta before filing closure reports of trap and disproportionate assets cases may not fall within the purview of the Lokpal and Lokayukta Act, 2013." 'Trap' refers to the process of catching public servants while they demand and accept bribes.
The Lokayukta on August 12 this year had passed the order asking officials to seek its prior approval before filing closure reports of trap and disproportionate assets cases in courts related to classes 3 and 4 employees.
A Bhopal-based social activist, Satish Nayak, filed a PIL seeking direction from the high court to quash the order on the ground the Lokayukta has no powers to issue such orders under existing norms, the petitioner's counsel, Dhruv Verma, said.
This Lokayukta order pertains only to graft cases of classes 3 and 4 employees, the petitioner's counsel said.
The court has issued notices on the respondents, including the Lokayukta, the Special Police Establishment through the director general of police, the state government through home department secretary, law department secretary and the general administration department secretary, he said.
