Delhi HC Refuses To Interdict Lokpal Proceedings Against Ex-IAS Officer In Disproportionate Assets Case

The Delhi High Court has refused to interdict Lokpal proceedings against Ramesh Abhishek, ex-IAS Officer, in respect of alleged possession of disproportionate assets.

“…interference in the proceedings before Lokpal, while exercising writ jurisdiction, ought to be avoided, unless there is something palpably wrong or contrary to law. Repeated petitions seeking to interdict the proceedings before Lokpal would defeat the very purpose of the legislation.”, Justice Prathiba M Singh observed.

The Court added that the legal grounds relating to the jurisdiction of Lokpal or the manner in which it is proceeding, can be brought to the attention of Lokpal by the Petitioner himself by appearing before the Lokpal.

“The legal grounds which are being raised by the Petitioner, relating to the jurisdiction of Lokpal or the manner in which it is proceeding, can be brought to the attention of Lokpal by the Petitioner himself by appearing before the Lokpal at the appropriate stage.”, the Court said.

Petitioner-Ramesh Abhishek had challenged the orders passed by the Lokpal of India by which inquiries and investigation by the Directorate of Enforcement (ED) have been directed by Lokpal against the Petitioner, in respect of possession of disproportionate assets.

Advocate Ajit K. Singh appeared for the petitioner whereas Zoheb Hossain, Counsel, appeared for Directorate of Enforcement.

The Court noted that various steps in terms of Section 23 of the Lokpal act, 2013 i.e. initiating prosecution etc., are yet to be initiated by Lokpal. The Court directed that prior to the said steps being undertaken by Lokpal, the Petitioner shall be afforded a hearing and the contentions raised by the Petitioner duly considered and a reasoned order shall be passed before proceeding further.

“The Petitioner may also move an appropriate application before Lokpal, for dealing with the findings/conclusions in the final report that shall filed by the ED before the Lokpal. The reports of the ED shall be provided to the Petitioner for the said purpose.”, the Court added further.

Cause Title- Ramesh Abhishek v. Lokpal of India (Neutral Citation No- 2023:DHC:3290)

Click here to read/download Judgment