ASHOK KUMAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Before proceeding further, it would be relevant that the writ petition was disposed of vide order dated 23.04.2019 but due to some error in the aforesaid order Civil Miscellaneous Petition has been filed being C.M.P. No. 327 of 2019 which was allowed vide order dated 14.06.2019 by recalling the order dated 23.04.2019 in exercise of power of review and as such the writ petition has been listed.

(2.) The writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order dated 01.06.2017 passed in Complaint Case No. 01 Public (Irrigation) 01/2015, whereby and whereunder, the Hon'ble Lokayukta has recommended to institute an F.I.R.

(3.) The sole ground taken by the learned counsel for the petitioner is that before passing such order, the petitioner has not been provided an opportunity to offer his comments, as provided under Section 10(1)(b) of the Jharkhand Lokayukta Act, 2001 and therefore, the order impugned is not in consonance with the Statute, hence, not sustainable in the eyes of law.