New Delhi, Nov 18 The Delhi High Court has quashed orders passed by the Lokpal of India directing a CBI investigation into the alleged manipulation of OMR sheets in a West Central Railway departmental promotion exam.
A Bench of Justices Anil Kshetrapal and Harish Vaidyanathan Shankar held that the anti-corruption ombudsman ordered a “deeper probe” without granting the petitioner -- Chief Loco Inspector Mujahat Ali Khan -- an opportunity to be heard at the pre-investigation stage, adding that such a hearing is “a mandatory requirement” under Section 20(3) of the Lokpal and Lokayuktas Act.
Setting aside the Lokpal’s orders dated February 21 and September 23, the Delhi High Court said: “The Impugned Orders dated 21.02.2025 and 23.09.2025, to the extent they pertain to the Petitioner, stand vitiated for non-compliance with the mandatory requirement of Section 20(3) of the Lokpal Act.”
The court observed that the Lokpal could not have directed an investigation without first calling for the explanation of the concerned public servant. “The language employed in Section 20(3) of the Lokpal Act is peremptory and admits of no discretion,” the judgment said, adding that denial of hearing at pre-hearing stage “constitutes a violation of the statutory mandate and of the Principles of Natural Justice.”
While five officers were issued notices and heard before the Lokpal ordered a probe, the petitioner, later arrayed as a respondent party, was neither summoned nor allowed to participate.
Rejecting arguments by the Lokpal that the petitioner was later given a chance to submit comments under Section 20(7), the Delhi High Court held that a post-investigation hearing cannot cure the earlier violation.
“Once the statutory opportunity of hearing contemplated under Section 20(3) is denied, subsequent participation at the post-investigation stage under Section 20(7) cannot retrospectively validate an order passed without fulfilling the mandatory precondition of hearing,” the Justice Kshetrapal-led Bench stated.
Allowing the writ petition, the Delhi High Court clarified that the Lokpal is free to begin proceedings afresh, provided it follows the law. “The learned Lokpal shall be at liberty, if it so chooses, to initiate proceedings afresh against the petitioner in accordance with law, strictly adhering to the procedure prescribed under Section 20,” the order concluded.
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