ITEM NO.119                 COURT NO.1               SECTION IV

           S U P R E M E   C O U R T   O F   I N D I A                          RECORD OF PROCEEDINGS

CIVIL APPEAL NO(s). 5488 OF 2000

STATE OF PUNJAB                                      Appellant (s)

                     VERSUS

LAL SINGH AND ORS.                                   Respondent(s)

(With appln(s) for permission to file additional documents and  office report ) WITH SLP(C) NO. 11378 of 2006 (With appln. for permission to place addl. documents on record and prayer for interim relief and office report) Civil Appeal NO. 5489 of 2000 (With office report) Civil Appeal NO. 5490 of 2000 (With office report) Civil Appeal NO. 5491 of 2000 (With office report) Civil Appeal NO. 5492 of 2000 (With office report) Civil Appeal NO. 5493 of 2000 (With office report)

Date: 05/02/2009  This Appeal was called on for hearing today.

CORAM :         HON'BLE  THE CHIEF JUSTICE         HON'BLE MR. JUSTICE P. SATHASIVAM

For Appellant(s) Mr. Ajay Pal,Adv.

                  Mr. Ashok K. Mahajan, Adv.

                 Mr. Shail Kumar Dwivedi, Adv.

For Respondent(s) Mr. D.N. Ray, Adv. Mrs. Sumita Ray,Adv.

                  Mr. Bimal Roy Jad ,Adv Mr. B.K. Khurana, Adv.

                  Mr. Sanjay Jain ,Adv

Mr. Raj Kumar Kapoor, Adv. Mr. Ramesh Chandra Mishra, Adv.

                 Dr. Meera Agarwal, Adv.

                  Mr. Prem Sunder Jha, Adv.

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                 Mr. S.L. Aneja, Adv.

                 Mr. Yash Pal Dhingra, Adv.

                 Mr. D. Mahesh Babu, Adv.

Mr. Sudhir Walia, Adv. Mr. Mahinder Singh Dahiya, Adv.

          UPON hearing counsel the Court made the following                                O R D E R  

Heard learned counsel for the parties.

The appeals and special leave petition are disposed

of in terms of the signed order.

    (R.K. Dhawan)    (Veera Verma) Court Master    Court Master

(Signed order is placed on the file)

IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL APPEAL NO.5488 OF 2000

STATE OF PUNJAB ...APPELLANT

VERSUS

LAL SINGH & ORS. ...RESPONDENTS.

WITH C.A.NO.5489/2000, C.A.NO.5490/2000,  C.A.NO.5491/2000, C.A.NO.5492/2000, C.A.NO.5493/2000 AND S.L.P.(C) NO.11378/2006

O R D E R

C.A.NO.5488/2000

This appeal is directed against the judgment of the Division Bench of

the  Punjab  and  Haryana  High  Court.   The  State  of  Punjab  enacted  the

Punjab Lokpal Act, 1996 (Punjab Act No.3 of 1997).  Section 4 of the Punjab

Lokpal Act reads as follows:

1) For the purpose of the conducting enquiries in accordance with the provisions of  this  Act,  the Governor shall by warrant under his hand and seal, appoint a person to be known as Lokpal.

Provided that the Lokpal shall be appointed on the  advice  of  the  Chief  Minister  who  shall  consult  the Speaker of the Punjab Legislative Assembly, and the Chief Justice of India in case of appointment  of a person who is  

-2- or has been a Judge of the Supreme Court or Chief Justice of a High Court, and Chief Justice of Punjab and Haryana High Court in case of appointment of a person who is or has been a Judge of a High Court. 2) Every person appointed as the Lokpal  shall,  before entering  upon his  office,  take  and  subscribe,  before  the Governor, or some person appointed in that behalf by him, an oath of affirmation in the form set out for the purpose in the Schedule.

Subsequent to the enactment Mr. Justice Harbans Singh Rai, retired

Judge, was appointed as Lokpal of the State of Punjab.  The appointment of

Mr. Justice Harbans Singh Rai was challenged by the petitioner mainly on

the ground that the appointment was not in accordance with Section 4(1) of

the Act.  The High Court held that the appointment of  Mr. Justice Harbans

Singh Rai as Lokpal was ultra vires of Section 4 of the Punjab Lokpal Act,

1996 and as such it was quashed.   The State has filed this appeal against

the common judgment in the writ petitions.  In this appeal it is alleged that

the Lokpal appointed under 1996 Act has filed certain reports and they

shall be quashed.

Heard learned counsel for the parties.

Mr.  Justice  Harbans Singh Rai  was appointed in  1997 and under

Section 6 of  the  Punjab  Lokpal  Act, the period of a  

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person who is appointed as Lokpal shall hold office for a term of four years

after  entering the office.   Therefore,  the  appointment  if  at  all  continue

would have come to an end by 2001.  The matter as regards appointment

has become infructuous.   Therefore,  we make it  clear that  the State  of

Punjab may take further steps as per the provisions of 1996 Act for fresh

appointment of Lokpal in accordance with the provisions contained in the

Punjab Lokpal Act, 1996.

As regards various reports filed by the Lokpal, the Government had

already taken decision to the effect and no further action need to be taken.

In this aspect also it becomes infructuous. The entire prayer in the appeals

and in the special leave petition has become infructuous, so the appeals

and the special leave petition are disposed of accordingly.  

                 ...................CJI

  (K.G. BALAKRISHNAN)

             .....................J    (P. SATHASIVAM)

NEW DELHI;    FEBRUARY 5, 2009.