P.D. PALIWAL Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Petitioner, who is a member of R.A.S., has filed this writ petition with a prayer to quash the FIR No. 41/92 dated 3.4.1992 registered by the Director General, Rajasthan State Investigation Bureau under the instructions of the State Government. He has also prayed that the respondents should be restrained from taking further proceedings in pursuance of the FIR.

(2.) Petitioner entered in Government service on appointment to R.A.S. in the year 1962 after selection by the Rajasthan Public Service Commission.In the year 1987 he remained posted as Competent Authority under the Urban Land '(Cdlmg and Regulation) Act, 1976. During the period of his working as Competent Authority under the Act of 1976, he passed an order dated 18.8.1987 in respect of properties of Shri Avani Kumar Mukharjee and his family, out of which some portion had been transferred to Jagjeevan Grah Nirman Sahakari Sa'miti in the year 1985 and 1986. The petitioner granted exemptions from the operation of 1976 Act to the lands which were transferred to the Cooperative Society. Against the order passed by the petitioner, an appeal has been filed under Sec. 33 of 1976 Act by one of the aggrieved parlies. A reply to this appeal has been submitted by the Department and it has supported the order passed by the petitioner.

(3.) On some complaints made by one Shri Prithvi Singh to Honourable the Lok Ayukl, Rajasthan, alleging serious irregularities and corruption by the petitioner, a ease was registered by the Honourable the Lok Ayukt under Sec. 10 of the Lok Ayukt and Up-Lok Ayukt Act, 1973 and an enquiry was made by him with notice to the petitioner. The petitioner submitted a detailed reply. At the time of personal hearing he filed written representation. Honourable the Lok Ayukt submitted a report to the Government for initiating action against the petitioner by way of departmental enquiry as well as by way of prosecution.