Lokpal and Lokayuktas Act, 2013 – Section 20(3) – Mandatory opportunity of hearing at pre-investigation stage – “Shall” is mandatory – Investigation without hearing void Section 20(3) requires the Lokpal to mandatorily give an opportunity of being heard to the concerned public servant before forming a prima facie opinion and before directing investigation. The Petitioner was not heard at all under Section 20(3), though an adverse investigation order dated 21.02.2025 was passed and an FIR was subsequently registered. The omission vitiates the entire proceedings insofar as the Petitioner is concerned. Compliance at the post-investigation stage under Section 20(7) cannot cure the earlier defect. (Paras 34–38, 42–46)

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A. Lokpal and Lokayuktas Act, 2013 – Section 20(3) – Mandatory opportunity of hearing at pre-investigation stage – “Shall” is mandatory – Investigation without hearing void

Section 20(3) requires the Lokpal to mandatorily give an opportunity of being heard to the concerned public servant before forming a prima facie opinion and before directing investigation. The Petitioner was not heard at all under Section 20(3), though an adverse investigation order dated 21.02.2025 was passed and an FIR was subsequently registered. The omission vitiates the entire proceedings insofar as the Petitioner is concerned. Compliance at the post-investigation stage under Section 20(7) cannot cure the earlier defect.
(Paras 34–38, 42–46)

B. Lokpal Act – Scheme of Section 20 – Distinct and sequential requirements under sub-sections (1), (3) and (7) – Post-investigation hearing does not substitute pre-investigation hearing

Section 20 establishes a two-stage hearing requirement:
• Pre-investigation under Section 20(3) (after preliminary inquiry), and
• Post-investigation under Section 20(7).
These safeguards operate at different statutory stages and one cannot be a substitute for the other. Failure at the first stage is fatal.
(Paras 39, 44, 45)

C. Administrative/Quasi-Judicial Authority – Procedure prescribed by statute must be strictly followed – Taylor v. Taylor principle reaffirmed

Where a statute prescribes that an act must be done in a particular manner, it must be done in that manner or not at all. Applied to Section 20(3), the Lokpal cannot order investigation without first calling for the explanation of the public servant. The doctrine from Taylor v. Taylor, Nazir Ahmad, Public Interest Foundation reiterated.
(Paras 40–42)

D. Judicial Review – Article 226 – Limited scope – Court does not sit in appeal over Lokpal – Interference justified only where procedure violated or jurisdiction exceeded

While courts ordinarily refrain from interfering with Lokpal proceedings, judicial review is warranted where there is patent procedural illegality, jurisdictional error, or violation of natural justice. Here, the Lokpal acted contrary to the mandatory statutory requirement, justifying interference.
(Paras 24–28, 33)

E. Lokpal – Investigation ordered without notice – FIR registered naming public servant not previously heard – Impermissible and unsustainable

The Petitioner was not one of the originally noticed RPSs (RPS-1 to RPS-5) and was never heard before the 21.02.2025 order directing investigation. Nevertheless, CBI registered FIR showing him as RPS-6. An FIR pursuant to an order passed in breach of Section 20(3) cannot survive.
(Paras 34–37)

F. Natural Justice – Audi alteram partem – Serious civil and criminal consequences flowing from Lokpal proceedings require strict adherence to fair hearing requirements

Proceedings may entail consequences such as suspension, transfer, attachment of assets, or prosecution. Given these penal and stigmatic effects, strict observance of natural justice is indispensable.
(Para 47)

G. Result – Impugned orders quashed as against the Petitioner – Liberty to re-initiate proceedings in accordance with law

Orders dated 21.02.2025 and 23.09.2025 are quashed only insofar as they relate to the Petitioner. Lokpal is at liberty to initiate proceedings afresh strictly in accordance with Section 20.
(Paras 48–50)