Lokpal Can Form Prima Facie Opinion Before Issuing Show Cause Notice, No Prior Hearing Required: Delhi High Court
The Delhi High Court has observed that the Lokpal of India must form a prima facie opinion regarding the existence of a case before issuing a show-cause notice following a preliminary inquiry report.
A Division Bench comprising Justice Vivek Chaudhary and Justice Renu Bhatnagar said that after the preliminary inquiry report is received by the Lokpal, it is incumbent upon it to consider the same and form a prima facie opinion for issuing the show cause notice to the accused.
The Court dismissed a plea filed by a man challenging an order and a show cause notice issued by the Lokpal in connection with a complaint. The Lokpal had earlier directed the Central Bureau of Investigation (CBI) to conduct a preliminary inquiry under Section 20(1) of the Lokpal Act.
Upon receipt of the CBI's report, the Lokpal found allegations prima facie substantiated and issued a show cause notice to the petitioner, granting him an opportunity to respond.
The petitioner argued that the Lokpal passed the impugned order without granting a prior hearing. It was submitted that the issuance of the show cause notice indicated that the Lokpal had already made up its mind, rendering the proceedings biased and futile.
Rejecting the challenge, the Court said that on not being fully satisfied with regard to two allegations against the petitioner, the Lokpal has given a notice under Section 20(3) to him to submit a reply and thus, given him an opportunity of hearing.
“On the basis of the said order, the Lokpal has issued a show cause notice under which now an opportunity of hearing is to be given to the petitioner to the extent of show cause notice. The impugned Order dated 25.02.2026 is only a prima facie opinion and final order for proceeding with one or more of the actions under Section 20(3) of the Act is to be passed only after hearing the petitioner,” the Court said.
It held that forming of a prima facie view before issuing a show cause notice does not amount to a final determination and is only a step toward initiating further proceedings.
“Therefore, the mere issuance of a show cause notice, after due consideration of the material on record, cannot be said to be without application of mind or in violation of principles of natural justice,” the Court said.
It clarified that the Lokpal shall consider the reply of the petitioner and take a final decision without being prejudiced by any observation made by it in the impugned order.
Title: CHINMOYJIT SEN v. LOKPAL OF INDIA