Delhi HC Quashes Lokpal’s Prima Facie Corruption Opinion For Being Passed Without Hearing Public Servant

Delhi HC Quashes Lokpal’s Prima Facie Corruption Opinion For Being Passed Without Hearing Public Servant

The Delhi High Court has held that the Lokpal cannot form a prima facie opinion on allegations of corruption without first granting the concerned public servant a hearing under Section 20(3) of the Lokpal and Lokayuktas Act, 2013.

The case concerned proceedings where the Lokpal had made substantive observations on the merits of the allegations and expressed that the matter warranted a “deeper probe”, even before hearing the petitioners.

Emphasising that the Lokpal’s investigative powers carry serious civil, reputational, and potential criminal consequences, the Bench held that these powers must be exercised strictly in accordance with the procedure established by Parliament.

It therefore quashed the impugned order and all consequential notices.

[Rajesh Kumar Singh & Ors. v. Lokpal of India]

Read Judgment / 3 months ago

 Thanush SBookmark