Court : Supreme Court of India
Reported in : AIR2002SC3578; 2003(1)ALT12(SC); [2003(1)JCR8(SC)]; JT2002(8)SC101; 2002(7)SCALE377; (2002)8SCC1; [2002]SUPP3SCR166; 2002(2)LC1449(SC)
..... short question involved in this appeal is -- what is the requirement and what meaning could be assigned to 'consultation' as contemplated under section 3(1) of the orissa lokpal and lokayuktas act, 1995 (hereinafter referred to as 'the act')? ..... before appreciating the contention raised by the learned counsel for the parties, we would first refer to the objects and reasons of the act, which provide that it is an act to make provision for the appointment and functions of lokpal and lokayuktas for the investigation of administrative action taken by or on behalf of the government or certain local and public authorities in certain cases and for matters connected therewith and matters involving acts of injustice, corruption or favouritism.10. ..... -(1) for the purpose of conducting investigations in accordance with the provisions of this act, the governor shall appoint a person to be known as the lokpal and one or more persons to be known as the lokayukta or lokayuktas:provided that--(a) the lokpal shall be appointed after consultation with the chief justice of the high court of orissa and the leader of the opposition, if there is any;(b) the lokayukta or lokayuktas shall be appointed after consultation with the lokpal. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(1)OLR133
..... in the light of the above decision, hon'ble supreme court clearly emphasized that a person who had hold the office of lokpal is disentitled from holding any employment under section 5(3) of the orissa lokpal and lokayuktas act, 1995.33. ..... mohapatra had earlier been lokpal under the provisions of orissa lokpal and lokyuktas act, 1995 (hereinafter called 'act, 1995') which puts an embargo for his further employment. ..... section 5(3) of the act, 1995 is quoted hereunder:save as otherwise provided in sub-section (1) on ceasing to hold office, the lokpal or a lokayukta shall be ineligible for further employment under the state government or for any employment under o office in any such local authority, corporation, government company or society. ..... nanda, learned counsel appearing for the petitioner submits that in view of the provisions of section 5(3) of act, 1995, certain disabilities are attached to the person who holds the office of lokpal and he becomes disqualified for any future employment. ..... (4) where two or more lokayukta are appointed under this act, the lokpal may, by general or special order, assign to each of these matters which may be investigated by them under this act:provided that no investigation made by a lokayukta under this act and no action taken or thing done by him in respect of such investigation shall be open to question on the ground only that such investigation relates to a matter which is not assigned to him by such order.27. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(107)FLR212]; [2005(3)JCR519(Jhr)]
..... , : [2002]supp3scr166 , wherein while considering the appointment of lokpal, the supreme court observed that for such appointment, the word 'consultation' used in section 3(1) of the orissa lokpal and lokayuktas act, 1995 would require that consultation with the chief justice of the high court in a sine qua non for such appointment, as the chief justice of the high court would be the best person for proposing and suggesting a person to be appointed as lokpal.7. mr. ..... rajiah, : air1988sc1388 , wherein while considering the question of compulsory retirement under fundamental rule 56(d) read with the power vested in the high court under article 235, it was indicated that either in the matter of compulsory retirement or imposition of punishment, the high court has to make a recommendation in that regard to the governor and the governor is to act in accordance with such recommendation of the high court by passing an order in accordance with the decision of the high court. ..... shivnath contended that in any case, there had been no consultation as such and the state government had merely acted mechanically on the recommendation made by the high court. mr. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori17
..... the statement of objects and reasons leading to the aforesaid amendment is extracted hereunder:sub-section (4) of section 5 of the orissa lokpal and lokayuktas act, 1995 (orissa act 8 of 1995) provides that the lokpal and ldkayuktas shall be paid salaries specified in the second schedule of the act. ..... the writ petitioner, a retired judge of this high court, was appointed as the lokpal under section 3 of the orissa lokpal and lokayuktas act, 1995 (orissa act 8 of 1995) and he assumed the said office on 16-2-1997. ..... the lokpal is appointed under the orissa lokpal and lokayuktas act, 1995. ..... according to the petitioner, the action of the state government in not extending the benefit of revised salary to the petitioner, which has been done subsequently by bringing an amendment to the lokpal and lokayuktas act, 1995 is discriminatory because the statement of objects and reasons leading to the amendment of the second schedule to the act reveals that the same is in pursuance of the amendment to the high court judges (conditions of service) act, 1954 by the central act 18 of 1998. ..... it was, therefore, as stated in the aforesaid statement of objects and reasons, considered expedient to enhance the salaries of the lokpal and lokayuktas specified in the second schedule to the act (orissa act 8 of 1995) and in order to achieve the aforesaid objective, the amendment was made. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2013(1)SCJ513; 2013(1)KLT51(SN); AIR2013SCW706; AIR2013SC726
..... similarly, if as a general principle, it is held that the view of the chief minister must have primacy over the views of everybody else, how would one explain the omission of the chief minister in the consultation process in the orissa lokpal and lokayuktas act, 1995? ..... mahapatra (supra) is inapplicable while construing the provisions of the karnataka lokayukta act, 1984, since the language employed in that act and section 3 of the orissa lokpal and lokayukta act, 1985 are not pari materia.60. ..... above judgment has been rendered in the context of the appointment of orissa lokpal under section 3 of the orissa lokpal and lokayuktas act. ..... i am afraid, however uncomfortable one may feel about it, section 3 of the orissa lokpal and lokayuktas act, 1999 as i read it, simply does not prohibit the leader of the opposition from suggesting some other name for consideration for appointment as a lokpal. ..... giving consultation a constricted meaning in section 3 of the orissa lokpal and lokayuktas act, 1999 would defeat this. ..... in that case, the provisions of section 3 of the orissa lokpal and lokayuktas act, 1999 were under consideration.that section reads as follows:3. .....
Tag this Judgment!Court : Supreme Court of India
..... similarly, if as a general principle, it is held that the view of the chief minister must have primacy over the views of everybody else, how would one explain the omission of the chief minister in the consultation process in the orissa lokpal and lokayuktas act, 1995?. ..... mahapatra (supra) is inapplicable while construing the provisions of the karnataka lokayukta act, 1984, since the language employed in that act and section 3 of the orissa lokpal and lokayukta act, 1985 are not pari materia.60. ..... above judgment has been rendered in the context of the appointment of orissa lokpal under section 3 of the orissa lokpal and lokayuktas act. ..... i am afraid, however uncomfortable one may feel about it, section 3 of the orissa lokpal and lokayuktas act, 1999 as i read it, simply does not prohibit the leader of the opposition from suggesting some other name for consideration for appointment as a lokpal. ..... sri ram chandra nayak, (2002) 8 scc 1.in that case, the provisions of section 3 of the orissa lokpal and lokayuktas act, 1999 were under consideration. ..... giving consultation a constricted meaning in section 3 of the orissa lokpal and lokayuktas act, 1999 would defeat this. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2002Ori25; 2001(II)OLR461
..... shri misra, learned counsel for the petitioner, has made a two-pronged salvo to the appointment of lokpal which are as follows :(i) under section 3(1) of the orissa lokpal and lokayuktas act, 1995 (hereinafter referred to as 'the act') it is the governor who is to appoint the lokpal after following the due procedure laid down for the purpose, but in the instant case, it was the chief minister who initiated the process ultimately leading to the issuance of the impugned notification. ..... in exercise of the powers conferred under section 3(1) of the orissa lokpal and lokayuktas act, 1995, the governor of orissa is hereby pleased to appoint shri justice k.p. ..... 83/cmc dated 8-10-1996 at annexure-a wrote to the chief justice of orissa high court which is extracted hereunder :'my dear chief justice, section 3(1) of the lokpal and lokayukta act envisages appointment of lokpal in consultation with the chief justice of orissa high court and the leader of the opposition, if any. ..... there is provision in section 3(1) of the lokpal and lokayuktas act for consultation with the chief justice and with you. .....
Tag this Judgment!Court : Karnataka
..... the hon ble supreme court while considering the provisions of section 3(1)(a), 7 and 2(h) of the orissa lokpal and lokayuktas act, 1995 in the case of justice k.p. ..... he also refers to the provisions of section 24 of the lokpal and lokayuktas act, which deals with action on investigation against public servant being prime minister, ministers or members of parliament and the said section contemplates that where, after the conclusion of the investigation, the findings of the lokpal disclose the commission of an offence under the pc act by a public servant referred to in clause (a) or clause (b) or clause (c) of sub-section (1) of section 14, the lokpal may file a case in the special court and shall send a copy of the report together with its findings to the competent authority. ..... he would further contend that the object of the lokpal and lokayuktas act as stated supra is that there must be a lokayukta to deal with complaints and eradicate the corruption under certain public functionaries, thereby 118 the executive order passed by the state government is impermissible and the state government indirectly encouraging the corruption in the state. .....
Tag this Judgment!Court : Karnataka
..... the hon ble supreme court while considering the provisions of section 3(1)(a), 7 and 2(h) of the orissa lokpal and lokayuktas act, 1995 in the case of justice k.p. ..... he also refers to the provisions of section 24 of the lokpal and lokayuktas act, which deals with action on investigation against public servant being prime minister, ministers or members of parliament and the said section contemplates that where, after the conclusion of the investigation, the findings of the lokpal disclose the commission of an offence under the pc act by a public servant referred to in clause (a) or clause (b) or clause (c) of sub-section (1) of section 14, the lokpal may file a case in the special court and shall send a copy of the report together with its findings to the competent authority. ..... he would further contend that the object of the lokpal and lokayuktas act as stated supra is that there must be a lokayukta to deal with complaints and eradicate the corruption under certain public functionaries, thereby 118 the executive order passed by the state government is impermissible and the state government indirectly encouraging the corruption in the state. .....
Tag this Judgment!Court : Karnataka
..... the hon ble supreme court while considering the provisions of section 3(1)(a), 7 and 2(h) of the orissa lokpal and lokayuktas act, 1995 in the case of justice k.p. ..... he also refers to the provisions of section 24 of the lokpal and lokayuktas act, which deals with action on investigation against public servant being prime minister, ministers or members of parliament and the said section contemplates that where, after the conclusion of the investigation, the findings of the lokpal disclose the commission of an offence under the pc act by a public servant referred to in clause (a) or clause (b) or clause (c) of sub-section (1) of section 14, the lokpal may file a case in the special court and shall send a copy of the report together with its findings to the competent authority. ..... he would further contend that the object of the lokpal and lokayuktas act as stated supra is that there must be a lokayukta to deal with complaints and eradicate the corruption under certain public functionaries, thereby 118 the executive order passed by the state government is impermissible and the state government indirectly encouraging the corruption in the state. .....
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