AIR 2002 SUPREME COURT 3578 ::2002 AIR SCW 4198 ::(2002) 2 BankJ 732 ::2002 (2) UJ (SC) 1449 ::(2003) 1 AllIndCas 622 (SC) ::(2002) 94 FacLR 642 ::2002 (8) SCC 1 ::(2002) 4 LabLJ 6 ::(2002) 7 Scale 377 ::(2002) 2 BankCLR 247 ::2002 (4) ESC 68 ::(2002) 4 Lab LN 849 ::(2002) 3 JCR 631 (JHA) ::(2003) 1 JCR 8 (SC) ::(2002) 3 JLJR 263 ::2002 (4) PatLJR 206 ::(2002) 4 SCJ 648 ::(2002) 2 UPLBEC 1593 ::2002 (4) LRI 571 ::2002 (5) SLT 631 ::2002 (7) Supreme 138 ::2003 (1) AndhLT 12 ::2003 (1) AllIndCas 622 ::2002 (10) SRJ 54 ::(2002) 8 JT 101 (SC) ::2002 (8) JT 101

Supreme Court Of India

Hon'ble Judge(s): M. B. Shah, D. M. Dharmadhikari , JJ

Orissa Lokpal and Lokayuktas Act (8 of 1995) , S.3(1) Proviso (a)— Lokpal - Appointment - Consultation with Chief Justice of High Court and leader of opposition - Manner and extent - Consultation with Chief Justice has primacy - Consultation with Leader of opposition is only to apprise him of proposed action - Leader of opposition cannot recommend someone else for the post. Words and Phrases - Consultation - Extent and manner.AIR 2002 Orissa 25, Reversed. Under Section 3, a person is not qualified to be appointed as Lokpal unless he is or has been a Judge of the Supreme Court or of a High Court. In the context of the functions which are to be discharged by the Lokpal, it is apparent that they are of utmost importance in seeing that unpolluted administration of the State is maintained and mal-administration is exposed so that appropriate action against such mal-administration and administrator could be taken. The investigation which Lokpal is required to carry out is that of quasi-judicial nature which would envisage not only knowledge of law, but also to the nature and work which is required to be discharged by an administrator. In this context, the word 'consultation' used in Section 3(1), Proviso (a) would require that consultation with the Chief Justice of the High Court is must or sine qua non. For such appointment, Chief Justice of the Hi....