Delhi High Court refuses to interfere with Lokpal proceedings initiated against former IAS officer

The Delhi High Court has refused to interfere with Lokpal proceedings initiated against former IAS officer Ramesh Abhishek for alleged possession of disproportionate assets.

“Interference in the proceedings before Lokpal, while exercising writ jurisdiction, ought to be avoided, unless there is something palpably wrong or contrary to law”, the bench of Justice Prathiba M. Singh observed.

The court was dealing with a plea filed by the former IAS officer who served as the Secretary to the Ministry of Commerce/DPIIT and also as the Chairperson of the Forward Markets Commission. The plea challenged an order passed by the Lokpal directing a probe by the Enforcement Directorate (ED) against the petitioner.

While refusing to interfere with the Lokpal proceedings, the single judge bench said that repeated petitions to interdict the proceedings before the Lokpal would defeat the purpose of the legislation.

The petitioner, who retired in July 2019, had assailed the Lokpal proceedings on several grounds, including that under the Lokpal and Lokayuktas Act, 2013 an inquiry can relate to only the period during which the public servant is holding a position in a serving capacity. The former IAS officer challenged the Lokpal of India’s order dated February 2 and January 3, 2022, whereby it had directed an open inquiry and investigation to be completed by the ED within two months.

Disposing of the plea, the court noted that in the present case, an order for initiating prosecution against the petitioner was yet to be passed and the investigating agency was also yet to file its final report on the matter.

Court clarified that the petitioner may move an appropriate application before Lokpal for dealing with the findings at an appropriate stage. “The ED’s summons/notices are only for the purpose of the gathering of information unless directed to the contrary by Lokpal”, it said.

Conclusively, the court held, “Accordingly, all the grounds raised in this petition are left open to be considered and decided by Lokpal. This Court has not made any observations on merits in this regard. The remedies of the Petitioner, if needed, at the appropriate stage are also left open”.

Case Title: Ramesh Kaushik v. Lokpal of India & Anr.

Statue: The Lokpal and Lokayuktas Act, 2013