LI Network
Published on: December 04, 2023 at 13:33 IST
The Supreme Court recently ruled that the Lok Ayukta, as per the Kerala Lok Ayukta Act 1999, lacks the authority to issue positive directions and is confined to a recommendatory role, submitting reports to the concerned authority with its suggestions.
Justices Vikram Nath and Rajesh Bindal, referencing Kerala High Court judgments in Sudha Devi K. v. District Collector 2017 and District Collector v. Registrar, Kerala Lokayukta, underscored the correct interpretation of the Act’s provisions in these cases.
“In terms of Section 12(1) of the 1999 Act, Lok Ayukta was not competent to issue positive direction. He can only submit a report with the concerned authority with its recommendations. They only have recommendatory jurisdiction,” stated the Apex Court, emphasizing that Lokayukta or Upa Lokayukta does not act as an appellate or supervisory authority over other competent forums established under different statutes.
Section 12 of the 1999 Act outlines that if Lokayukta or Upa Lokayukta finds any action or inaction causing injustice/hardship to the complainant, it shall submit a written report recommending remedy to the competent authority.
The case before the Supreme Court originated from a Writ Petition filed by an Additional Tahsildar challenging an Upa Lokayukta order directing correction of revenue records.
The Apex Court noted that the Lokayukta’s jurisdiction is limited to addressing issues of maladministration and cannot extend beyond its jurisdiction to issue positive directions based on merits.
The Court further highlighted the petitioner’s failure to seek appropriate statutory remedy after the rejection of the rectification request for revenue records.
The High Court had upheld the Upa Lokayukta’s direction, prompting the Supreme Court to declare the order not legally sustainable, setting it aside.