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TMI Blog2002 (6) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... o investigate and enquire into such cases. That corruption in public office or amongst public men is becoming more and more rampant is a fact of which judicial notice can be taken. That it requires effective measures to combat the evil, the Legislature realised, and enacted the present Act to deal with the evil of corruption. 4. The Act was put on the statute book to make provision for the appointment and functions of certain authorities for making enquiries into any action (including any omission and commission in connection with or arising out of such action) relatable to matters specified in List II or List III of the Seventh Schedule to the Constitution of India taken by or on behalf of the Government of Kerala or certain public authorities in the State of Kerala in certain cases and for matters connected therewith or ancillary thereto , as stated in the Preamble to the Act. In order to understand the scheme of the Act, it is necessary to refer to some of the salient provisions of the Act. (a) Under the defining Section 2, the expressions 'action', 'allegation', 'grievance' and 'mal administration' are respectively defined in Sub-sections ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or specific approval of, any public servant other than the ones referred to in Sub-section (1) in a case where the complaint involved a 'grievance' or an 'allegation'. Under Sub-section (3) the Lok Ayukta or an Upa Lok Ayukta could investigate any action taken by or with the general or specific approval of a public servant, if referred to him by the Government. There is provision for assignment of the work to the Upa Lok Ayukta by the Lok Ayukta and Sub-section (7) provides that the term Lok Ayukta whenever used in the Act would also refer to one or both of the Upa Lok Ayuktas. (c) Section 8 enumerates certain matters which are not subject to investigation by the Lok Ayukta or Upa Lok Ayukta. They are prohibited from conducting any investigation under the Act in a case of a complaint involving a grievance in respect of any action which relates to any matter specified in the Second Schedule. The Second Schedule to the Act lists out a number of matters which are taken out of the purview of investigation by the Lok Ayukta and Upa Lok Ayukta. For the purpose of the present Writ Petition, it suffices to point out that any action relating to claim for pension, gratuity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emedied or redressed in such manner and within such time, as may be specified in the report and also intimate the complainant about its having made the report. (2) The competent authority to whom a report is sent under Sub-section (1) shall, within one month of the expiry of the period specified in the report, intimate or cause to be intimated, as the case may be, to the Lok Ayukta or the Upa Lok Ayukta the action taken on the report. (3) If, after investigation of any action in respect of which a complaint involving an allegation has been made, the Lok Ayukta or an Upa Lok Ayukta is satisfied that such allegation is substantiated, either wholly or partly, he shall, by report in writing, communicate his findings and recommendations along with the relevant documents, materials and other evidence to the competent authority and also intimate the complainant about its having made the report. (4) The competent authority shall examine the report forwarded to it under Sub-section (3) and, within three months of the date of receipt of the report, intimate or cause to be intimated to the Lok Ayukta or the Upa Lok Ayukta, as the case may be, the action taken or proposed to be taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consequence, the jurisdiction of the Lok Ayukta is different and consequences of his action, are also different as compared to the jurisdiction and consequences of the action of Lok Ayukta where the complaint has wider ramifications. Under Sub-section (1) of Section 12, if the Lok Ayukta is investigating only a complaint pertaining to any action involving a 'grievance', after investigation the Lok Ayukta is required to make a report in writing recommending to the competent authority that injustice or hardship as complained of has occurred and that such injustice or hardship shall be remedied or redressed in such manner and within such time as contained in the report and shall also intimate the complainant of having made such a report. When such a report is received by the competent authority to whom the report is sent under Sub-section (1), he is required to intimate the Lok Ayukta within one month of the period specified in the report, the action taken on the report. Under Sub-section (5), if the Lok Ayukta is satisfied with the action taken or proposed to be taken on his recommendations or findings referred to in Sub-sections (1) and (3), he shall close the case under in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion', the Lok Ayukta's function is slightly different. When such a complaint is made, the Lok Ayukta is required to make an investigation and, if the allegation is substantiated fully or partly, communicate his findings and recommendations to the competent authority/Government by a report accompanied by all relevant materials. On receipt of such a report, the competent authority shall intimate within three months the Lok Ayukta as to the action taken or proposed to be taken. If the Lok Ayukta is not satisfied with the action taken or proposed to be taken on his recommendations or findings, he has to follow the same procedure of making a special report to the Governor; such a report has to be ultimately laid on the floor of the Legislative Assembly by the Governor together with a memorandum of explanation. 7. Section 14 of the Act reads as under: 14. Public servant to vacate office if directed by Lok Ayukta etc.- (1) Where, after investigation into a complaint, the Lok Ayukta or an Upa Lok Ayukta is satisfied that the complaint involving an allegation against the public servant is substantiated and that the public servant concerned should not continue to hold the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hief Minister, such a declaration shall be accepted by the competent authority. In other cases, the competent authority shall sent the report to the Government, which shall accept the declaration. Where the declaration is accepted, the competent authority or the Government is required to intimate the acceptance of the declaration by registered post under Sub-section (2) of Section 14 of the Act. When this happens, notwithstanding anything contained in any law, order, notification, rule or contract of appointment, the public servant concerned shall be deemed to have vacated his office or deemed to have been placed under suspension depending upon the type of the public servant. In the case of Chief Minister or Minister, he shall resign his office from the date of acceptance of such intimation. This, according to us, is the cutting edge of Lok Ayukta's power. The Lok Ayukta has also the power under Section 15 of the Act of initiating prosecution, with the prior sanction of the appropriate authority where sanction is required. Section 18 of the Act provides that, whoever intentionally insults or causes any interruption to the proceedings of the Lok Ayukta, or brings it into disrepu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce. 9. The only area in which such a power can legitimately operate is the area covered by Sub-sections (1) and (2) of Section 14 of the Act. Under Sub-section (1) of Section 14, when a declaration is made that a public servant is not to hold the office is made by the Lok Ayukta in his report, the competent authority shall accept the declaration. Under Sub-section 2 of Section 14, the fact of acceptance of the declaration shall immediately be intimated by the competent authority and from the date of intimation of such acceptance of the declaration, the public servant shall vacate or be suspended or resign his office. These are the two obligations of the competent authority with regard to the report made by the Lok Ayukta under Section 14 of the Act. Section 14 is sui generis and differs from the proceedings under Section 12. What happens if the obligations cast under Sub-sections (1) and (2) of Section 14 of the Act are not discharged by the competent authority without sufficient grounds? In such a case, the power of the Lok Ayukta under Section 19 of the Act read with the provisions under the Contempt of Courts Act may come into play. The Lok Ayukta can exercise the power of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be an alternative to or to supplant the court when it comes to claims of individuals. 11. Though the facts of the petition before us fall within a limited compass, and as such could be disposed of by a limited order, we have elaborated the jurisdictional aspects of the Lok Ayukta under the Act, as several petitions are coming up before us questioning the jurisdiction of the Lok Ayukta. 12. Now the factual matrix in which the Original Petition has arisen: The respondent was working as a Junior Superintendent in the District Treasury at Ernakulam and retired on superannuation on 31.12.1997. On 22.9.1997, he made a representation to the Director of Treasuries, Trivandrum requesting for fixation of his pay in the revised scale. There was some time lag in the fixation of the pay of the respondent. He, therefore, filed O.P. No. 21713 of 2000 before this Court. This Original Petition was disposed of by a judgment dated 1st August 2000 directing the Director of Treasuries to consider and pass orders on the representation made by the respondent herein with regard to the fixation of his pay in the revised scale. By a Government Order dated 25th November, 1998, the Government of Ker ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cate will have to be paid to the complainant. In view of the delay in disbursing retiral benefits, the complainant is entitled to interest at 10% p.a. on the Gratuity amount of Rs. 78,840/- with effect from 1.4.1998 to 1.3.2001, on the arrears of pension of Rs. 20,355/- from 1.4.1998 to 1.3.2001, arrears of revised pay of Rs. 12,939/- till the date of payment on 14.3.2001, which was due for the period from 1.3.1999 to 31.12.1997 . The Lok Ayukta also held that the respondent was not entitled to interest on the commuted value of pension because, till the pension was commuted, he was drawing the full pension. A direction was made that the amounts shall be paid within three months with liberty reserved in the Government to take proper action against officers responsible for the delay and for recovery of the amount of loss caused to the Government. 14. Apart from the fact that the impugned order appears to be beyond the jurisdiction of the Lok Ayukta, we find the order even otherwise unsustainable. We have not been shown any provision under which interest becomes automatically payable for delayed payments. May be, as an equitable principle, the person entitled to disbursement of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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