Mahalaxmi Radder 11 October 2020

anti corruption bureau and lokayukta case related

Anti corruption bureau has registered FIR against the government officer saying income from all sources (after substrating his expenditure)of the officer does not match the value of his property.

while the ACB case is active, the officer gets the inquiry notice from lokayukta. The questions asked in
the notice are same when compared with the charge sheet filed by ACB on officer.

Can officer gets stay on investigation conducted by lokayukta?

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Quick Summary

This discussion explores whether an officer facing an FIR from the Anti-Corruption Bureau (ACB) can obtain a stay on a subsequent inquiry by the Lokayukta concerning the same allegations. The core issue revolves around the principle established in TT Antony v State of Kerala and other Supreme Court judgments, which generally prohibit a second FIR and prosecution for the same cognisable offence. The question is whether Lokayukta and ACB can both pursue action for identical complaints.

3 Replies

Adv Vinay Mathur + 8447131770 (Advocate) 11 October 2020

Lokayukta has power of investigation any complaint which has come in their purview.

Mahalaxmi Radder 12 October 2020

So both lokayukta and ACB can take action against officer for same complaint ?

Adv Vinay Mathur + 8447131770 (Advocate) 12 October 2020

In TT Antony v State of Kerala and there are various judgements by supreme court where it was held that there can be no second FIR where the information concerns the same cognisable offence alleged as in the first FIR,

So there can't be Second FIR and Prosecution on same allegations.