Challenges Lok Ayukta's prima facie finding against him
Petitioner claims Lok Ayukta has no power to make suo motu findings without necessary probeSays Lok Ayukta could not make its own rules and code of conductSays every complaint filed before the Lok Ayukta should be accompanied by a proper affidavit
Kochi: Former Health Minister K.K. Ramachandran's additional private secretary P. Radhakrishnan has filed a petition challenging the Lok Ayukta's prima facie finding against him in the corruption case.
In his petition, Mr. Radhakrishnan said that the Lok Ayukta had no power or jurisdiction to make suo motu findings without holding necessary investigation/inquiry as contemplated under the Kerala Lok Ayukta Act. The Lok Ayukta could not make its own rules and code of conduct. It was bound by the Act and rules made there under.
No provision had been made in the Act to make prima facie findings without giving opportunities of being heard to a person against whom the allegations were made, the petitioner said. Besides, the complaint on which the Lok Ayukta passed the order was not at all a proper complaint. It had not been filed in the manner prescribed in the rules. The petitioner said that as per the rules every complaint filed before the Lok Ayukta should be accompanied by a proper affidavit.
Since the complaint was filed in violation of the Lok Ayukta rules, it should not have been entertained or treated as complaint.
The petitioner said that the order passed by the Lok Ayukta was void for want of jurisdiction.
According to the petitioner, what the Act provided for was filing of a final report to the competent authority after conducting an investigation into the complaint. Before conducting an inquiry, the Lok Ayukta had absolutely no jurisdiction to issue such an order. The petitioner also said that the order impleading N. Viswambharan, president of the Azhimathi Virudha Samithi, and Director of Ayurveda as petitioners was also illegal.