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2023 DIGILAW 620 (BOM)

Cynthia Fernandes v. Goa Lokayukta

2023-03-02

B.P.COLABAWALLA

body2023
JUDGMENT 1. Rule. With the consent of Parties, Rule made returnable forthwith and heard finally. 2. The present Writ Petition impugns the order dtd. 9/9/2022 passed by the Goa Lokayukta [Respondent No. 1] in Proceeding No. 3/2022 wherein the Goa Lokayukta has passed an ex-parte ad-interim order issuing certain directions to Respondent No. 5 [Director of Municipal Administration]. 3. On 6/10/2022, this Court had stayed the implementation and execution of the impugned order till further orders and issued notice to all the Respondents. Accordingly, all the Respondents are represented by their respective Advocates. 4. The impugned order dtd. 9/9/2022 issues certain interim directions to the Director of Municipal Administration to take suitable action after hearing all the interested parties and pass an order within 30 days and report the action taken before the next date. It is contended by the Petitioner, and which according to me, is correct that the directions passed vide the impugned order are beyond the scope and jurisdiction of the Goa Lokayukta Act, 2011 and the Goa Lokayukta Rules, 2012. 5. In the above circumstances, the present Writ Petition is allowed and Proceeding No. 3/2022 pending before the Institution of the Goa Lokayukta including the impugned order dtd. 9/9/2022 passed by the Goa Lokayukta are quashed and set aside. 6. It is informed that the Chief Officer of Curchorem Municipal Council has already commenced proceedings in respect of the allegations made by Respondent No. 2 in respect of the alleged illegal construction carried out by the Petitioner, independent of the impugned order. It is clarified that the present order quashing the impugned order passed by the Goa Lokayukta shall not in any way preclude the Chief Officer of Curchorem Municipal Council and/or any other Authority from continuing with the proceedings already initiated and take them to its logical conclusions. 7. Rule is made absolute in the aforesaid terms and the Writ Petition is disposed of in terms thereof. No order as to costs. 8. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.