Madhya Pradesh High Court
Krishna Bihari Dwivedi vs The State Of Madhya Pradesh on 20 November, 2025
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KHOT
ON THE 20th OF NOVEMBER, 2025
WRIT PETITION No. 10177 of 2018
KRISHNA BIHARI DWIVEDI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Harsh Kumar Nema on behalf of Shri S.M. Shukla -
Advocate for the petitioner.
Shri Hitendra Singh - Government Advocate for the
respondent/State.
ORDER
The present petition under Article 226 of the Constitution of India
has been filed seeking following reliefs :
"1. That the Hon'ble Court may kindly be pleased to issue appropriate writ
and direct the respondents to decide the complaint/representation of petitioner
and take appropriate action against the respondent No.4 in the interest of justice.
2. That, the Hon'ble Court may kindly call entire record.
3. That any other relief which this Hon'ble Court may deem fit and proper
looking into the facts and circumstances of the case may be granted."
2. On perusal of the complaint (Annexure P/4), it is found that the
complaint is in respect of financial irregularities committed by
respondent No.4.
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3 . The Division Bench of this Court in the case of Kanhaiyalal
Vishwakarma vs. State of M.P. ILR (2011) MP 124 has held :
"3. Having heard learned counsel for the petitioner, we are of the view that
allegations made by the petitioner are required to be investigated before
expressing any opinion on such allegations. In this regard it would be relevant to
notice that the Government has created various authorities under the Special Act
to investigate and also to suggest appropriate action against such public servant
or officer who has misused or abused his position and as such is guilty of
corruption. In this regard it would be relevant to take note of the provisions of the
M.P. Lokayukt Evan Up-Lokayukt Adhiniyam, 1981, (hereinafter referred to as
'the Act') which is an Act to make provision for the appointment and functions of
certain authorities for enquiry into the allegations against public servants and for
matters connected therewith. The Act was enacted with an object to constitute
Lokayukt Organisation, which replaced the Vigilance Commission.
Lokayukt Organisation is an organization which is setup under an enactment
made by the State legislature. Having received the statutory sanction, the
Lokayukt Organisation is totally free from executive influence. The organisation
functions as an instrument of control over the executive by the legislature as its
annual reports are submitted to the Governor to be laid and discussed in the State
Legislative assembly. Section 2(a) of the Act defines 'officer' which reads as
under:
"2(a) 'Officer' means a person appointed to a public service or post in
connection with the affairs of the State of Madhya Pradesh."
Section 2(b) defines the expression 'allegation' which reads as under:
"2(b) 'allegation' in relation to a public servant means any affirmation that
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such public servant,--
(i) has abused his position as such to obtain any gain or favour to himself
or to any other person or to cause undue harm to any person;
(ii) was actuated in the discharge of his functions as such public servant by
improper or corrupt motives;
(iii) is guilty of corruption; or
(iv) is in possession of pecuniary resources or property disproportionate to
his known source of income and such pecuniary resources or property is held by
the public servant personally or by any member of his family or by some other
person on his behalf.
Explanation-For the purpose of this sub-clause 'family' means husband,
wife, sons and unmarried daughters living jointly with him".
4. Section 9 of the Act deals with the provisions relating to
complaints. Section 9 inter alia provides that every complaint involving an
allegation shall be made in such form as may be prescribed and shall be
accompanied by deposit of twenty-five rupees. In case a complaint is made
against a public servant in relation to whom the Chief Minister is not the
competent authority neither the deposit nor the affidavit shall be necessary.
Section 10 of the Act deals with the procedure in respect of enquiry. It empowers
the Lokayukt or Up-Lokayukt to decide the procedure to be followed for making
the enquiry and in so doing ensure that the principles of natural justice are
satisfied. Section 11 of the Act makes the provision of the Evidence Act as well
as the Code of Criminal Procedure applicable to the procedure of enquiry before
the Lokayukt or Up-Lokayukt.
5. Section 12 of the Act provides that if after enquiry into the allegations
the Lokayukt or an Up-Lokayukt is satisfied that such allegation is established,
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he shall by report in writing communicate his findings and recommendations
along with the relevant document, materials and other evidence to the competent
authority. The competent authority is under the obligation to examine the report
and to initiate within three months of the date of receipt of the report, the action
taken or proposed to be taken on the basis of the report.
6. Thus, from perusal of the provisions of the Act it is graphically clear
that the Act has been enacted with the object to investigate cases of corruption in
public life and provides for an inbuilt mechanism in respect of complaint with
regard to corruption by an officer appointed to a public service or post in
connection with affairs of the State of Madhya Pradesh. Since the provisions of
the Act are a complete Code in itself and provide a remedy to an aggrieved
person, he should at the first instance resort to the remedy provided to him under
the Act. In such a case the public interest litigation should not be entertained.
7. The apex court in the case of Guruvayoor Devaswom Managing
Committee v. C.K. Rajan, (2003) 7 SCC 546, wherein the allegations were made
regarding mismanagement of the affairs of the Guruvayoor temple by a devotee,
found that the affairs of the temple are governed by the provisions of the
Guruvayoor Devaswom Act, 1978, wherein forums have been created for
ventilating the grievances of the affected persons. In that backdrop it
was observed in para 60 of the judgment that ordinarily, therefore, such forums
should be moved at the first instance. It was further held that the State
Government should be asked to look into the grievances of the aggrieved
devotees, both as parens patriae as also in discharge of its statutory duties.
8. In view of the aforesaid enunciation of law by the Supreme Court facts
of the case in hand may be examined. The allegations made by the petitioner
required to be enquired into in the appropriate forum, wherein detailed enquiry
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would be conducted as per provisions prescribed in the Act and an opportunity of
hearing would be afforded to the respondent no. 5. Therefore, the petitioner
should avail the remedy provided under the Act."
4 . From the aforesaid enunciation of law, it emerges that the
petition under Article 226 of the Constitution of India is not
maintainable for direction to the authorities to take cognizance of the
complaint made for alleged financial irregularities.
5. The petition sans merit is hereby dismissed.
(DEEPAK KHOT)
JUDGE
anand
