- (1.) These five appeals arise on certificates of fitness granted by the High court of A. P. at Hyderabad under Article 133 (1 of the Constitution of India. They bring in challenge on behalf of the Institution of A. P. Lokayukta/upa-Lokayukta and the State of A. P. respectively, a common judgment rendered by the said High court in five writ petitions moved by the writ petitioners who are contesting respondents in these appeals. A common question of jurisdiction of the Lokayukta/upa-Lokayukta functioning under the A. P. Lokayukta Act, 1983 (hereinafter referred to as "the Act") to entertain complaints regarding the impugned actions of the writ petitioners falls for consideration in these appeals
(2.) For appreciating the aforesaid question the background facts leading to these proceedings deserve to be noted. Civil No. 2020 of 1986 moved by Lokayukta and Upa-Lokayukta, A. P. arises out of the decision of a division bench of the High court in Writ Petition No. 16716 of 1984. The original writ petitioner who is the contesting respondent in this appeal was at the relevant time Chief Executive Officer of the Andhra Pradesh State Cooperative Union Limited duly registered under the provisions of the A. P. Cooperative Societies Act, 1964. A complaint was filed against his functioning as Chief Executive Officer by one A. Pratap Reddy. It was received by the Lokayukta functioning under the Act on 6/3/1984. The contesting writ petitioner's objection before the Lokayukta that he had no jurisdiction to entertain the complaint was rejected by order dated 17/11/1984. The said order was brought in challenge by the respondent-writ petitioner before the High court in the aforesaid writ petition. A division bench of the High court took the view that the Lokayukta had no jurisdiction to entertain the said complaint. Accordingly the writ petition was allowed and proceedings before the Lokayukta were quashed giving rise to the present appeal
(3.) Civil No. 2021 of 1986 is moved by the State of Andhra Pradesh being aggrieved by similar decision rendered by the very same division bench of the High court in Writ Petition No. 1883 of 1985. That writ petition was moved by the contesting respondent who was Division Manager of the A. P. State Road Transport corporation constituted by the State of A. P. under the Road Transport Corporations Act, 1950 (hereinafter referred to as "the Corporations Act'' which is a central Act. The said writ petitioner challenged the proceedings before the Lokayukta resulting from a complaint filed against his working such. He raised an identical contention that the Lokayukta had jurisdiction to entertain such a complaint against him and to pass any orders thereon. This contention was accepted by the division bench by the aforesaid common judgment and that is how the State of Andhra Prades being aggrieved by the said decision of the High court has prosecuted this appeal;