Supreme Court Of India

Mayor of Kochi & Another V. Ombudsman for Local Self Government Institution & Another

Civil Appeal No. 7580 of 2004. 29-09-2010


1. This appeal has been filed against the impugned judgment and order dated 5th December, 2003 passed by the High Court of Kerala at Ernakulam in O.P. No.9483 of 2002.

2. The facts have been set out in the impugned judgment and hence we are not repeating the same here.

3. Against the order of the Ombudsman appointed under Chapter XXV B of the Kerala Panchayat Raj Act, 1994 (for short ‘the Act’), a writ petition was filed in the High Court which has been disposed of by the impugned order. The High Court has set aside the order of the Ombudsman on the ground that there is a violation of principles of natural justice, but, at the same time, the high Court has held that the Ombudsman has jurisdiction to pass the order.

4. We are told that after remand, two fresh orders have been passed by the Ombudsman which have not yet been challenged.

5. In the circumstances, we dispose of this appeal, leaving the question of law open, with the observation that the Ombudsman has only those powers which are conferred on him under the Act and not otherwise. No costs.

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