NEW DELHI: The Delhi High Court has refused to interfere with Lokpal proceedings initiated against ex-IAS officer Ramesh Abhishek for alleged possession of disproportionate assets.Justice Prathiba M Singh, while dealing with the former Forward Markets Commission Chairman’s challenged an order passed by the Lokpal directing a probe by the ED, said repeated petitions to interdict the proceedings before the ombudsman would defeat the purpose of the law.
The petitioner, who retired in July 2019, assailed the Lokpal proceedings on several grounds, including that under the Lokpal and Lokayuktas Act, an enquiry can relate to only the period during which the public servant is holding a position in serving capacity.
The judge noted that an order for initiating prosecution against the petitioner was yet to be passed and the investigating agency was also yet to file its final report in the matter. It clarified that the petitioner may move an appropriate application before Lokpal for dealing with the findings at an appropriate stage.
“The entire matter is under consideration of the Lokpal and challenge in the present petition is to stop the investigation by Lokpal which this Court is not inclined to do at this stage,” said the court.“All the grounds raised in this petition are left open to be considered and decided by Lokpal. This court has not made any observations on merits. The remedies of the Petitioner, if needed, at the appropriate stage are also left open,” the court stated.
The court said the investigation was currently preliminary in nature and before initiating various steps under the Lokpal Act, the petitioner shall be afforded a hearing and his contentions will be duly considered and a reasoned order shall be passed by the authority before proceeding further.
