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State govt challenges Lokayukta orders in HC

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Probe into coal racket, transfer of tainted officials

SHILLONG: With the state government challenging the orders of the Meghalaya Lokayukta for CBI probe into coal racket and transfer of officials in the High Court of Meghalaya, the chairperson of Lokayukta, PK Musahary, has granted two weeks for the government and the CBI to respond after getting the order of the court.
Musahary on Wednesday took up the issue of delay on the part of the CBI and the state government to take necessary steps as ordered by him.
During the hearing, senior government advocate Sibasis Sen and advocate Arkin Kharwanlang, who represented the Political department, informed the Lokayukta that the state had assailed the orders of the Lokayukta before the high court and that the matter was likely to be listed on Friday.
Earlier, the Lokayukta had issued a direction to the state government as well as the CBI to file compliance or status reports in response to its earlier orders issued on January 10 and February 3.
The state government counsels argued that there were various legal complications in implementing the orders of the Lokayukta and sought deferment of the matter till the issues were settled by the court.
It was argued by the government that the Meghalaya Lokayukta Act does not empower the Lokayukta to avail the services of the CBI for the purpose of any inquiry or investigation unlike the Central Lokpal and Lokayukta Act and that the direction to en masse transfer government officials on the basis of an ex-parte order without giving them an opportunity of defending themselves was not in adherence with the Meghalaya Lokayukta Act.
It was also contended that such a transfer order was in violation of the principles of natural justice, was stigmatic and violative of the constitutional and legal rights of the concerned officials.
The counsel for the SP, CBI, Shillong, Navin Nischal informed the Lokayukta that the CBI had not initiated the inquiry and that it was not in a position to initiate any inquiry due to various legal complications. The CBI was to complete the preliminary probe within 15 days since the passing of the order on January 10.
The CBI counsel also informed that there were no guidelines for initiation of a CBI inquiry on the direction of the Lokayukta and he urged the anti-graft panel to wait for the decision of the court.

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