HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.25275 OF 2014 DATED:19.9.2014 Between:
Sane Pullaiah and others … Petitioners And The Institute of Hon’ble Lokayukta of Andhra Pradesh Basheerbagh Hyderabad Rep. by its Registrar and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.25275 OF 2014 ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We have checked up the record and it appears that notice has been served on all the concerned. However, the person at whose instance the Lokayuktha has passed the impugned order does not appear before us. Instead, respondent No.4 has filed an application for vacating the interim order. We refuse to vacate the interim order, and dispose of the matter finally as the order passed by us is absolutely consistent with the provisions of the Andhra Pradesh Lokayukta and Upa-Lokayukta Act, 1983. We have repeatedly held that no mandate order can be passed by Lokayukta and the power of the Lokayukta is only to recommend.
From a perusal of the record and having regard to the facts and circumstances of the case, we find that the Lokayukta has come to a fact finding based on material. We therefore accept such findings. However, we modify the order passed by the Lokayukta to the extent that it shall be treated as recommendation and it would be open to concerned Authority to take action in accordance with law, if so needed.
With the above observations, the writ petition is disposed of.
Pending miscellaneous petitions, if any, shall stand closed.
There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 19.9.2014 bnr