In an appeal to the division bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna, Lokayukta Manmohan Sarin asserted that he was duly empowered to enquire into the complaints against IAS officers and place on record his findings.
Acting on the Lokayukta's plea, the bench issued notices to three IAS officers against whom he had to stop his probe midway following the High Court's order on November 22. The bench today sought IAS officers' replies by March 17.
While holding that the Lokayukta had no jurisdiction to probe into allegations against IAS officers as they enjoy immunity under Delhi Lokayukta and Uplokayukta Act (DLUA), Justice S Murlidhar had also declined the plea of the ombudsman to make him a party to the hearing of the petitions filed by the IAS officers challenging the probe against them.
The three IAS officers R K Saxena, Chetan B Sanghi and Ravinder Balwani had challenged the Lokayukta's decision to enquire into complaints of corruption against them.
The Lokayukta had decided to probe into the three separate private complaints received by his office in August 2009 against the IAS officers accusing them of being involved in various acts of corruption and had begun the probe in January 2010.
Challenging the single-judge bench's order, denying the Lokayukta's office the permission to have its say during the hearing of the IAS officers' petition by it, Sarin's counsel Maninder Singh submitted that his client wanted to address the High Court only on the issue of its jurisdiction.
"The single-judge bench had failed to appreciate the aim and intent of the Lokayukta's plea in seeking court's view only on the issue of jurisdiction.
"The purpose was to address the court on the issue of jurisdiction which also affected the society at large under the scheme of the Act," Singh told the bench while arguing on the appeal filed by the Lokayukta.
Citing a Supreme Court ruling on the issue of Lokayukta's jurisdiction, the senior counsel said, "This very High Court had earlier made the Lokayukta a party in another case. Therefore, it has its jurisdiction to investigate into the corruption charges."