CIVIL APPEAL NO(s). 5488 OF 2000
STATE OF PUNJAB Appellant (s)
LAL SINGH AND ORS. Respondent(s)
(With appln(s) for permission to file additional documents and office report ) WITH SLP(C) NO. 11378 of 2006 (With appln. for permission to place addl. documents on record and prayer for interim relief and office report)
Date: 05/02/2009 This Appeal was called on for hearing today.
CORAM :
For Appellant(s) Mr. Ajay Pal,Adv.
Mr. Ashok K. Mahajan, Adv.
Mr. Shail Kumar Dwivedi, Adv.
For Respondent(s) Mr. D.N. Ray, Adv.
Mrs. Sumita Ray,Adv.
Mr. Bimal Roy Jad ,Adv
Mr. B.K. Khurana, Adv.
Mr. Sanjay Jain ,Adv
Mr. Raj Kumar Kapoor, Adv.
Mr. Ramesh Chandra Mishra, Adv.
Dr. Meera Agarwal, Adv.
Mr. Prem Sunder Jha, Adv.
Mr. S.L. Aneja, Adv.
Mr. Yash Pal Dhingra, Adv.
Mr. D. Mahesh Babu, Adv.
Mr. Sudhir Walia, Adv.
Mr. Mahinder Singh Dahiya, Adv.
UPON hearing counsel the Court made the following
Heard learned counsel for the parties.
The appeals and special leave petition are disposed
of in terms of the signed order.
(R.K. Dhawan) (Veera Verma)
Court Master Court Master
(Signed order is placed on the file)
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5488 OF 2000
WITH
C.A.NO.5493/2000 AND
S.L.P.(C) NO.11378/2006
C.A.NO.5488/2000
This appeal is directed against the judgment of the Division Bench of
the Punjab and Haryana High Court. The State of Punjab enacted the
Punjab Lokpal Act, 1996 (Punjab Act No.3 of 1997). Section 4 of the Punjab
Lokpal Act reads as follows:
1) For the purpose of the conducting enquiries in
accordance with the provisions of this Act, the Governor
shall by warrant under his hand and seal, appoint a person
to be known as Lokpal.
Provided that the Lokpal shall be appointed on
the advice of the Chief Minister who shall consult the
Speaker of the Punjab Legislative Assembly, and the Chief
Justice of India in case of appointment of a person who is
or has been a Judge of the Supreme Court or Chief Justice
of a High Court, and Chief Justice of Punjab and Haryana
High Court in case of appointment of a person who is or
has been a Judge of a High Court.
2) Every person appointed as the Lokpal shall, before
entering upon his office, take and subscribe, before the
Governor, or some person appointed in that behalf by him,
an oath of affirmation in the form set out for the purpose in
the Schedule.
Subsequent to the enactment Mr. Justice Harbans Singh Rai, retired
Judge, was appointed as Lokpal of the State of Punjab. The appointment of
Mr. Justice Harbans Singh Rai was challenged by the petitioner mainly on
the ground that the appointment was not in accordance with Section 4(1) of
the Act. The High Court held that the appointment of Mr. Justice Harbans
Singh Rai as Lokpal was ultra vires of Section 4 of the Punjab Lokpal Act,
1996 and as such it was quashed. The State has filed this appeal against the common judgment in the writ petitions. In this appeal it is alleged that
the Lokpal appointed under 1996 Act has filed certain reports and they
shall be quashed.
Heard learned counsel for the parties.
Mr. Justice Harbans Singh Rai was appointed in 1997 and under
Section 6 of the Punjab Lokpal Act, the period of a
person who is appointed as Lokpal shall hold office for a term of four years
after entering the office. Therefore, the appointment if at all continue
would have come to an end by 2001. The matter as regards appointment
has become infructuous. Therefore, we make it clear that the State of
Punjab may take further steps as per the provisions of 1996 Act for fresh
appointment of Lokpal in accordance with the provisions contained in the
Punjab Lokpal Act, 1996.
As regards various reports filed by the Lokpal, the Government had
already taken decision to the effect and no further action need to be taken.
In this aspect also it becomes infructuous. The entire prayer in the appeals
and in the special leave petition has become infructuous, so the appeals
and the special leave petition are disposed of accordingly.