9911796707
TMI Blog1996 (5) TMI 435X X X X Extracts X X X X X X X X Extracts X X X X ..... mit the report on the estimates. In furtherance thereof, the petitioner submitted the report to the Superintendent Engineer and tenders were called for. It would appear that several people had submitted their tenders and the initial estimate was of ₹ 15 lakhs and odd for one set of the generator. Subsequently, it would appear that the estimate was increased to ₹ 21 lakhs per set. In that behalf, a anonymous complaint came to be made before the Lokayukta of A.P. constituted under Section 3 of the A.P. Lokayukta Up-Lokayukta Act, 1983, (Act No II of 1993) (for short, the 'Act'). After conducting preliminary investigation, the Lokayukta came to submit his interim order dated March 29, 1996 prohibiting purchase of the two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espectively to investigate into any action concerning persons respectively mentioned therein. Sub-section (3) of Section 7 enables Lokayukta, notwithstanding the power conferred under Sub-section (2) thereof on the Up-Lokayukta to take suo motu action in respect of any action contemplated under the Act. Therefore, the only condition precedent required thereunder is to record reasons for initiating suo motu enquiry divesting the power of the Up-Lokayukta and taking action under Sub-section (3) of the Section 7 of the Act. It is next contended that the petitioner has not been given any opportunity before submitting the report to the Government and the action is contrary to Section 10 read with Section 12 of the Act. We find no force in the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... give reasonable opportunity to the public servant. After conducting the said enquiry, if he finds that the public servant or the person referred committed misconduct, then he is required to submit the report to the Government as enjoined under Section 12 of the Act. On receipt thereof, under Sub-section (3), it shall be lawful for the Government to take action as recommended by the Lokayukta. 5. Considered from the operational conspectus of the above provisions, it would not be necessary to issue any notice or give opportunity to a public servant at preliminary verification or investigation. When the Lokayukta or Up-lokayukta, as the case may be, conducts a regular investigation into the complaint, it would be necessary to give prior op ..... X X X X Extracts X X X X X X X X Extracts X X X X
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