CUTTACK: The Orissa High Court on Wednesday quashed the Lokayukta’s order for a probe by the State Vigilance against Gopalpur MLA Pradeep Kumar Panigrahy.
The HC dismissed the Lokayukta order since it was not legally tenable as the complainant and investigating agency in a quasi-judicial process cannot be the same, senior advocate Pitambar Acharya who argued the case for Panigrahy said.
The Lokayukta had issued the order on a complaint filed by DSP Vigilance Ranjan Kumar Das. While issuing the order, the Lokayukta had observed that the complaint prima facie reveals that Panigrahy by resorting to corrupt practice has amassed assets disproportionate to his known source of income.
Panigrahy had challenged the legal validity of the order alleging that the Lokayukta had acted clearly in excess of jurisdiction and authority and purely on extraneous considerations and facts.
By issuing the order, the Lokayukta had violated the principle of natural justice as abruptly jumped to the conclusion of existence of a prima facie case without conducting a preliminary inquiry and giving an opportunity of hearing, Panigrahy contended in his petition.
The complainant and investigating authority are same which goes beyond the concept of fair trial, the petition contended while seeking quashing of the Lokayukta order. The petition also contended that the Lokayukta failed to act in conformity with the powers vested on it provided under the Odisha Lokayukta Act, 2014.
Senior advocate Pitambar Acharya argued the case for Panigrahy when his petition was taken up for hearing through video conference. The division bench of Chief Justice S Muralidhar and Justice Biswanath Rath allowed the petition and nullified the Lokayukta order.
Panigrahy had also alleged in his petition that he had already been prejudiced as a rumour was floated around that the Chief Minister had made a reference to the Lokayukta to initiate a proceeding against him.
Panigrahy is in judicial custody since the CID-Crime Branch arrested him on December 3 last year in connection with an alleged job scam.