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Supreme Court of India 2023-02-23 allowed

LOKAYUKTA vs DR. PRADEEP KUMAR PANIGRAHI

Bench: 2 — Ajay Rastogi, Bela M. Trivedi

In Brief

The Supreme Court set aside the Odisha High Court's order striking down a Lokayukta direction to conduct a preliminary inquiry into corruption allegations against an MLA. The Court held that the Lokayukta has discretion under Section 20(1) of the Odisha Lokayukta Act, 2014, to conduct preliminary inquiry through any agency (including the Directorate of Vigilance), not just its own inquiry wing. The High Court violated natural justice by not hearing the Lokayukta before setting aside its order. The Court found no bias in entrusting inquiry to the same agency, as the informant was merely reporting officer (not a party interested) and the actual inquiry was conducted by a different senior officer. The Lokayukta was held to have locus standi to appeal.

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Administrative Law Natural Justice Bias Lokayukta Anti-Corruption Preliminary Inquiry Locus Standi Writ Jurisdiction Discretion

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