The petitioner challenged the dismissal of its complaint by the Lokpal. The court found no infirmity in the order dismissing the complaint as preliminary reports were pending approval and other suits were pending, and dismissed the petition.
No relief granted. The challenge to the Lokpal's order dismissing the complaint was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.6025 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.6025 of 2022
and W.M.P. No.6110 of 2022
63 Moon Technologies Ltd., Formerly known as M/s. Financial Technologies (India) Ltd., Rep. by its Authorized Signatory Mr. D.John Deepak, Having its Registered Office at Shakti Tower-1, 7th Floor, Premises E, 766, Anna Salai, Thousand Lights, Chennai – 600 002. ... Petitioner
Vs
Secretariat of Lokpal, Government of India, The Ashoka Hotel, 2nd Floor, Chanakyapuri, New Delhi – 110 021. ... Respondent
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order issued by the respondent, dated 7th December, 2021 pursuant to the Complaint No. 106/2021(F)/Sr No. 343 dated 15th May 2019 sent by the petitioner to the respondent and quash the same and consequently direct the respondent to conduct an enquiry afresh pursuant to
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the Complaint dated 15th May 2019 in accordance with the provisions under Section 20 of the Lokpal Act, 2013 within a reasonable time frame as this Court may deem fit in the facts and circumstances of the present case and also call for periodic status reports from the respondent concerning the complaint o the petitioner dated 15th May 2019.
For Petitioner : Mr. Nithyaesh Natraj
For Respondent : Mr. N.Ramesh, Senior Panel Counsel
O R D E R
The Writ Petition has been filed challenging the order passed by
the respondent dated 07.12.2021, thereby the compliant lodged by the petitioner, was disposed of.
Act, 1956 and it is having registered Corporate Office at Chennai. The respondent is an anti-corruption authority or body of ombudsman, which represents the public interest in the Republic of India. Therefore, the petitioner submitted a representation dated 15.05.2019 as against one Ramesh Abhishek, who was former Chairman of Forward Markets 2/9
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Commission (FMC) to the office of the Central Vigilance Commission of India, alleging his suspicious role in NSEL payment crisis. On receipt of the said complaint, it was given Diary No.343 of 2019. However, no action has been taken by the respondent and as such, the petitioner was constrained a Writ Petition before this Court in W.P.No. 6106 of 2020. While closing the said Writ Petition on 001.2022, the petitioner was given liberty to work out the remedy in manner known to law. Aggrieved by the order dated 07.12.2021 passed by the respondent, the present Writ Petition is filed.
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follows:-
W.P.No.6025 of 2022
“20. (1) The Lokpal on receipt of a complaint, if
it decides to proceed further, may order—
(a) preliminary inquiry against any public
servant by its Inquiry Wing or any agency (including the Delhi Special Police Establishment) to ascertain whether there exists a prima facie case for proceeding in the matter;
or
(b) investigation by any agency (including the Delhi Special Police Establishment) when there exists a prima facie case:
Provided that the Lokpal shall if it has decided to
proceed with the preliminary inquiry, by a general or special order, refer the complaints or a category of complaints or a complaint received by it in respect of public servants belonging to Group A or Group B or Group C or Group D to the Central Vigilance Commission
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constituted under sub-section (1) of section 3 of the Central
Vigilance Commission Act, 2003:”
decides to proceed further, the above procedures in Section 20(1) of the Act have to be followed, whereas the Lokpal (Complaint) Rules No.4, reads as follows:-
“4. Handling form(s) of complaint. - The Lokpal
may process a complaint in the following manner, namely:-
(a) protect the identity of the complainant or the public servant complained against till the conclusion of the inquiry or investigation:
Provided that the protection, shall not be applicable, in cases where the complainant himself has revealed his identity to any other office or authority while making a complaint to the Lokpal;
(b) protect the integrity of the process of inquiry or investigation;
(c) dispose of the complaints, in limine, under the following conditions, namely:-
(i) where the contents of the complaint are illegible;
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Thus, the Lokpal may process a complaint as stated in the said Rule in the manner stated therein. Rule 4 (c) (vi) & (d) of the Rules are very clear that if the cause of the complaint is pending before any other Court or Tribunal or Authority, the Lokpal shall dispose of the complaint after satisfying the conditions as contained in clause (c) above within a period of thirty days.
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C.S.No.980 of 2019 against the counter party, as against whom he lodged complaint before the High Court of Bombay and it is pending.
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connected Miscellaneous Petition is closed. No costs.
03.04.2024
Index:Yes/No Neutral Citation/Yes/No kv
To The Secretariat of Lokpal, Government of India, The Ashoka Hotel, 2nd Floor, Chanakyapuri, New Delhi – 110 021.
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W.P.No.6025 of 2022
G.K.ILANTHIRAIYAN, J.
kv
W.P.No.6025 of 2022
03.04.2024
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2 issues framed by the court
Whether the impugned order disposing of the complaint violated the principles of natural justice or the provisions of Section 20 of the Lokpal and Lokayuktas Act, 2013.
Whether the respondent acted within the scope of its powers given other pending proceedings and reports submitted by the CBI and CVC.
2 provisions across 2 enactments
63 Moon Technologies Ltd.
Secretariat of Lokpal
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
