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New Delhi, Nov 18 (IANS) The Delhi High Court has set aside the order of the Lokpal of India directing a CBI probe into the alleged manipulation of OMR sheets in the West Central Railway departmental promotion examination.
A bench of Justices Anil Kshetrapal and Harish Vaidyanathan Shankar held that the anti-corruption ombudsman ordered a “thorough investigation” without giving the petitioner – Chief Loco Inspector Mujahat Ali Khan – an opportunity of being heard at the pre-investigation stage, and said such hearing is “a mandatory requirement” under Section 20(3) of the Lokpal and Lokayuktas Act.
While quashing the Lokpal’s orders of February 21 and September 23, the Delhi High Court said: “The impugned orders dated 21.02.2025 and 23.09.2025, to the extent they relate to the petitioner, stand invalid for non-compliance with the mandatory requirement of Section 20(3) of the Lokpal Act.”
The court said that the Lokpal could not have ordered an investigation without seeking clarification from the public servant concerned. “The language used in Section 20(3) of the Lokpal Act is mandatory and allows for no discretion,” the judgment said. It also said that denial of hearing at the pre-trial stage is “violation of the statutory order and principles of natural justice.”
While notices were issued to the five officers before the inquiry was ordered by the Lokpal and they were heard, the petitioner, who was subsequently impleaded as a respondent party, was neither summoned nor allowed to participate.
Rejecting the Lokpal’s contention that the petitioner was later given an opportunity to submit comments under Section 20(7), the Delhi High Court said that a subsequent hearing cannot cure an earlier violation.
“Once the statutory opportunity of being heard under Section 20(3) is denied, participation in the subsequent stage of investigation under Section 20(7) without fulfilling the mandatory pre-condition of hearing cannot retrospectively validate the order passed,” a bench led by Justice Kshetrapal said.
While admitting the writ petition, the Delhi High Court clarified that the Lokpal is free to initiate fresh proceedings, provided it follows the law. The order concluded, “The learned Lokpal will, if he so desires, be free to initiate fresh proceedings against the petitioner in accordance with law, strictly following the procedure laid down under Section 20.”
–IANS
PDS/DPB