Delhi HC quashes Lokpal order for CBI probe against railway officer in OMR manipulation case

New Delhi, Nov. 18 – The Delhi High Court has overturned two orders from India’s anti‑corruption body, the Lokpal, that had set up a CBI probe into alleged tampering of OMR sheets used in a West Central Railway promotion exam.

The court’s bench, led by Justices Anil Kshetrapal and Harish Vaidyanathan Shankar, said the Lokpal missed a key legal step. It ordered a “deeper probe” without giving Chief Loco Inspector Mujahat Ali Khan – the person who filed the petition – a chance to speak before any investigation began. Under Section 20(3) of the Lokpal and Lokayuktas Act, a pre‑investigation hearing is mandatory.

“These orders are void for violating Section 20(3),” the court wrote, adding that the Lokpal cannot chase an investigation without first inviting the accused to explain. The court also noted that the language of the Act leaves no room for discretion; refusing a hearing breaks natural justice principles.

While the Lokpal had already summoned five other railway officers, Khan was never called or allowed to comment. The body later said Khan could submit statements under Section 20(7), but the court ruled that a post‑investigation hearing cannot fix an earlier breach.

“Once the pre‑hearing rule is ignored, later participation cannot validate the order,” Justice Kshetrapal said.

The High Court let the petition stand and reminded the Lokpal that it may restart the investigation, but only if it follows the required procedure under Section 20. The ruling emphasizes that every public servant must receive a fair pre‑investigation hearing before a probe is launched.

The decision, reported by , highlights the importance of procedural fairness in India’s anti‑corruption framework.

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