Published On: Thu, Feb 19th, 2015

Courts can’t direct action on CAG, Lokayukta reports: HC

New Delhi: Reports of Comptroller and Auditor General (CAG) and Lokayukta or Commission of Inquiry are meant for “consumption” of the Legislature and can neither be used by citizens to demand action against a public functionary nor can courts direct any action, the Delhi High Court today said.

CAG Shashi Kant Sharma

CAG Shashi Kant Sharma

A bench of Chief Justice G Rohini and Justice R S Endlaw said it was conscious that such a situation may “belie” people’s hopes to have transparency in administration and probity in public life but in view of statutory provisions as well as Supreme Court’s judgements, but it has “no option”.

“Thus, howsoever high may the findings against a public functionary in the reports of the Lokayukta or CAG or the Commission of Inquiry set the hopes and expectations of the people or citizens of the country that the erring public functionary will now be brought to book,…

“… The legal position is that the said findings are literally for eyes and ears of the Parliament / Legislature / Government only and do not enable or empower a citizen to demand action against the erring public functionary and do not permit the Court to on the basis thereof, direct any action, it said.

“We are conscious that the same may belie the aspirations of the citizenry to transparency in administration and probity in public life but in the face of the clear statutory provisions and the interpretation by the Supreme Court of similar provisions of other statutes aforesaid, we have no option,” the bench added.

It also said it drew parallels between provisions of the Lokayukta Act and that of CAG Act and Commissions of Inquiry Act “only to demonstrate that there are other Constitutional offices or powerful bodies whose reports also are only for the consumption of the legislature”.

The bench made the observations while disposing of an NGO’s plea seeking setting aside of Lieutenant Governor’s (LG) order denying sanction to prosecute eight ex-MCD councillors who were allegedly caught on camera taking bribe for facilitating illegal constructions.


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