Hon'ble Orissa high Court acted like an agent of the rulling govennment and political party by protesting the rulling government, its department and corrupt public officers. Not allowing the Lokayukta, Odisha and similar agencies to work independently. unnecessarily interfering in their work
Application us 44 of the Indian Evidence Act, 1872 filed before the Hon’ble Orissa HC.
This is to inform you that the petitioners of the WP(c) No.19979 of 2023, 21206 of 2022, 21427 of 2023, and others have misguided the Hon’ble Orissa High Court about the settle provision of law as to the submission of the view by the competent authority in compliance of section 20(2) of the Lokpal and Lokayukta act, 2013 which was adopted by the State of Odisha under The Odisha Lokayukta act, 2014.
01. That, Lokayukta Odisha invited the submission of the view of the competent authority, i.e. Panchayati Raj Department of the state of Odisha in case No. LY-543/2021 on different dates but nothing has been done by the competent authority in nine months from the date of the first issue of the order to submit the view on Dt. 08-09-2021.
02. That, Circular No. 03/2021 of the Lokpal India subjected as ” Procedure for the preliminary inquiry under the Lokpal and Lokayukta act, 2012 and at the para-19 provides for the submission of the inquiry report by the inquiry agency or E.O. if the view is not received in reasonable time but the Lokayukta, Odisha have not framed yet such as rule and keep waiting for the submission of the view by the competent authority and sending reminder after reminder which is nothing but the abuse of process of law as it is settled provision of law that if something is not available in the STATUTE then it should be searched at some OTHER STATUTE if the same is not found in another status them it should be searched in General Clauses Act 1897 and if the same is not found in the GENRAL CLAUSES ACT general clause act then it should be searched in the DICTIONARY.
03. That, the respondent of the cases appeared before the Lokayukta to file the time petition but took shelter in the Orissa High Court to sabotage the proceeding against the corrupt public servants to seek a favorable order on fraud play and collusion.
04. That, the advocate general of the state who is the first law officer / VIDHI ADHIKARI concealed the material fact and settled the provision of law from the honorable court along with the others.
05. That, the respondent/accused people of case No.LY-543/2021 do not have any locus standi into the matter between the Lokayukta and competent authority and received of view is not a sanction. the competent authority is not duty-bound to submit its view in every corruption case registered with the Lokayukta, Odisha. the submission of view is by the competent authority is not any kind of approval that the Lokayukta or investigating agency will wait for the same for an indefinite time.
06. That, the applicant being the practicing lawyer has reason to believe that since the respondent accused people have an intuition that they have committed corruption and the same has been disclosed in the preliminary inquiry report the criminal prosecution is going to happen and only to stop the same they have taken the shelter of Hon’ble high court to sabotage the Lokayukta proceeding on fraud play and collusion and succeeded.
07. That, it is needless to say that the Lokayukta, Odisha is following the Lokpal in framing any rule towards the Lokpal and Lokayukta Act, 2013 as the introduction of the form-A is nothing but the copy of the form-A introduced by the Lokpal in 2020 as before 2020 Lokayukta Odisha is inviting complaint on plain paper or through email.
PRAYERS
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01.It is therefore, most respectfully prayed that the Hon’ble Court many kindly be recall the order passed on Dt. 19-04-2024 towards the above mention writs filed under the article 226 and 227 of the constitution of India,1950
02. It therefore, most respectfully prayed that the Hon’ble Court many kindly direct the Lokayukta, Odisha and Vigillance directorate to proceed against the erring public servants as the state of Odisha became the poster boy of the corruption before the nation.
03. It therefore, most respectfully prayed that the Hon’ble Court many kindly direct the Odisha State Bar council to take action against the member advocate for misleading the court, consuming the valuable time of the court and fraud play.
04. It therefore, most respectfully prayed that the Hon’ble Court many kindly direct the registry of the court to initiate a contempt proceeding against the erring litigants.
05. It therefore, most respectfully prayed that the Hon’ble Court many kindly direct the local police station to register a criminal case against the accused
06. It, is therefor, the hon’ble court may grant other relief as it think fit to meet the complete end of justice.
07. It is therefore, the Lokayukta, State Bar Council, Vigillance Directorate etc. are requested to take urgent cognizance into the matter to provide the remedy to the victim as the corrupt is the crime against the whole state / county.