A complaint was filed before the Lokpal against a senior officer of a central public sector undertaking, alleging misuse of funds in awarding a contract. During the preliminary inquiry, the officer failed to produce the

Under Section 27 of the Lokpal and Lokayukta Act, 2013, the Inquiry Wing of the Lokpal, for the purpose of any preliminary inquiry, is vested with all the powers of a civil court under the Code of Civil Procedure, 1908 while trying a suit. These powers specifically include: summoning and enforcing the attendance of any person and examining him on oath, requiring the discovery and production of documents, receiving evidence on affidavits, requisitioning any public record or copy thereof from any court or office, issuing commissions for the examination of witnesses or documents (where the witness, in the opinion of the Lokpal, is not in a position to attend the proceeding before the Lokpal). Therefore, in the given situation, the Lokpal was well within its powers to (i) summon the officer, (ii) direct production of documents, (iii) requisition files from the Ministry, and (iv) issue a commission for examining the witness who could not attend personally. Further, as per Section 27(2), any proceeding before the Lokpal shall be deemed to be a judicial proceeding within the meaning of Section 193 of the Indian Penal Code. The actions taken by the Lokpal in the case are fully valid and legally justified under Section 27 of the Lokpal and Lokayukta Act, 2013 and thus the contention of the officer is not sustainable.