Lokpal Must Give Reasons To Order Probe Despite CBI Clean Chit: Delhi High Court Quashes Investigation Against DRI Officer

The Delhi High Court has quashed an order of the Lokpal of India directing CBI probe against a Directorate of Revenue Intelligence (DRI) officer, holding that such a decision cannot be taken without recording clear reasons, especially when a prior inquiry has exonerated the officer.A division bench of Justices Vivek Chaudhary and Renu Bhatnagar allowed the writ petition filed by the officer and set aside the Lokpal's order dated July 24, 2025, insofar as it pertained to him.“Once these materials favoured the petitioner, the statute required the Lokpal to record reasons explaining why, notwithstanding such exculpatory material, a prima facie case still existed,” it said.The case arose from a complaint alleging corruption and misconduct against the petitioner and certain customs officials. Pursuant to the complaint, the Lokpal had ordered a preliminary inquiry by the CBI. The agency, after investigation, found no material against the petitioner and submitted a report exonerating him. The Director General of Vigilance (DGoV) concurred with these findings, which were also accepted by the competent authority in the Ministry of Finance.Despite this, the Lokpal proceeded to issue a show-cause notice and later directed a full-fledged investigation by the CBI against the petitioner.The High Court found this approach legally unsustainable, adding, “Issuing notices mechanically, without any discussion as to the role of the person proceeded against, undermines the very integrity of the statutory mechanism.”The bench observed that the statutory framework under Section 20 of the Lokpal and Lokayuktas Act mandates a “structured” process—preliminary inquiry, consideration of the competent authority's comments, and formation of a reasoned prima facie satisfaction before ordering further investigation.“This is not a procedural formality but a mandatory requirement. The Lokpal must show that this satisfaction is based upon some material and after due application of mind. This ensures that further actions are not taken merely on the basis of mere allegations or assumptions,” the Court said.Noting that neither the show-cause notice nor the impugned order contained any discussion of the petitioner's role or any material against him, the Court quashed the Lokpal's order directing investigation against the DRI officer.Before parting, it added, “Merely because power is vested in Lokpal to hold investigation under section 20(3), it does not mean that the same can be exercised in a whimsical or arbitrary manner. There should exist sufficient material duly considered in the order to support such exercise of power. In absence of the same it becomes arbitrary and illegal.”Appearance: Mr. Apurv Kurup, Sr. Adv. with Mr. Kanu Agrawal, Ms. Mehak Kumar, Mr. Gaurav Vats, Mr. Akhil Hasija & Ms. Nidhi Mittal, Advs. for Petitioner; Mr. Nishant R. Katneshwarkar with Mr. Vijay Singh Mehra & Mr. Shrirang Katneshwarkar Advs. R-1/ Lokpal of India. Mr. Anupam S. Sharma, SPP with Mr. Vashisth Rao, Ms. Amisha P. Dash, Ms. Riya Sachdev & Mr. Deepak Rawat, Advs. for R-2/CBI. Mr. Premtosh K. Mishra, CGSC with Mr. Shrey Sharma, Mr. Anubhav Upadhyay, Mr. Arpit Bamal, Advs. for R-3/UoI. Mr. N. Venkataraman, ASG with Mr. Anurag Ojha, Sr. SC for R-4. Mr. Abhimanyu Bhandari, Sr. Adv. with Ms. Rooh-e-hin Dua, Mr. Harshit Khanduja, Ms. Shreya Arora, Mr. Ricky Chaudhary and Ms. Aroha Kadyan, Advocates for R-5.Case title: Shri Shashi Shekhar Prasad v. Lokpal of IndiaCitation: 2026 LiveLaw (Del) 351Case no.: W.P.(C) 12845/2025Click here to read order

Lokpal Must Give Reasons To Order Probe Despite CBI Clean Chit: Delhi High Court Quashes Investigation Against DRI Officer

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