The Allahabad High Court held that section 17 UP-Lokayukta And Uttar Pradesh Lokayukta Act Does Not Preclude High Court’s Authority Under Article 226
Title: Masood Ahmad Khan v. State of UP and Ors.
Decided on: 06 November, 2023
+ Writ- A No. 10788 of 2023
CORAM: Hon’ble Justice Munir J
Introduction
Based on a review of its ruling by any court, the Allahabad High Court ruled that the bar established in Section 17 of the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975 does not apply to the High Court’s jurisdiction under Article 226 of the Indian Constitution.
Facts of the Case
Due to accusations that the petitioner had falsified his birthdate in the service record, his services were terminated. The writ court overturned the termination judgment on the grounds that he had already reached superannuation age. This was predicated on allegations that he had falsified his birthdate in the service record. Nevertheless, the petitioner was suspended pending further investigation. The petitioner’s attorney argued that the High Court had already overturned the petitioner’s termination without allowing the Nagar Palika Parishad to take up the case again. Because of this, the respondents lacked the authority to suspend the petitioner and bring legal action against him for allegedly falsifying his birthdate in the service book.
Courts analysis and decision
The Court decided that manipulation is not just “overwriting” or “cutting,” but that it can also be accomplished in other ways. Therefore, the absence of “overwriting” or “cutting” does not prove that the records were not altered. The Court decided that Nagar Palika Parishad is still free to carry out additional investigation despite this fact being noted in the decision. The Court noted that Section 17(2) solely restricts the regular jurisdiction of the Courts and cannot be interpreted as limiting the High Court’s authority under Article 226 of the Indian Constitution. As a result, the Court denied the petition and instructed the inquiry officer to wrap up the investigation in three months.
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Written by- Hargunn Kaur Makhija