Lokayukta, Madhya Pradesh

CONTACTS

Mr. Justice Ripusudan Dayal,

Lokayukta, Madhya Pradesh

‘F’ Block, Old Secretariat, Bhopal-462001 (INDIA)

Tele: 0755-540935, 0755-540939
Fax: 0755-540940
E-mail: jagdishzanane@yahoo.com

SALIENT FEATURES

BACKGROUND

The Lokayukt Organisation in Madhya Pradesh came into existence in February 1982 after the Madhya Pradesh Lokayukt and Up-Lokayukt Act. 1981 (hereinafter called the Act) was enacted by the State Legislature. Attempts to establish an independent Organisation on the lines of “Ombudsman” started way back in mid 70’s after the State Administrative Reforms Commissions (ARC) in 1966 recommended that the Vigilance Commission, which was then in existence, should be replaced by an Organisation with statutory base and powers. Examining the role and limitations of the State Vigilance Commission, the ARC had observed that in the absence of a constitutional or even statutory recognition of its position, the Vigilance Commission might act at best as a department of the Government to check corruption. In view of the above observations of the ARC and various recommendations received from the Government of India, a bill was moved in the M.P. Legislative Assembly in the year 1975 which was sent for President’s assent after its passage by the Assembly. But due to certain rethinking at the level of the Union Government the bill was April 1981 with certain modifications. The bill so passed became the Act after it received the Presidential assent in September 1981. The Lokayukt Organisation constituted under the Lokayukt Organisation is totally free from the executive influence. Indeed, the organisation functions as an instrument of control over the executive by the legislature as its annual reports are submitted to the Governor and thereafter laid and discussed in the State Legislative Assembly.

THE ORGANIZATION

The organization is headed by the Lokayukt. Under the provision contained in the Act only such a person can be appointed as a Lokayukt who has been a Judge of the Supreme Court of India or Chief Justice of any High Court in India. The present Lokayukt is a retired Judge of the Supreme Court of India. Besides, there can be one or more Up-Lokayukts also. Presently, there is an Up-Lokayukta who is a retired High court Judge. The tenure for both these functionaries is six years but reappointment is barred.

ADMINISTRATIVE SET UP:

To assist the Lokayukt and the Up-Lokayukt the organization is divided into four functional wings which are as under: -

(i)            Administrative and Enquiry Section:

            This section is headed by Secretary of the organization who is a senior IAS officer. He also functions as Head of the Department or entire organization. The Secretary is assisted by one Deputy Secretary, One Under Secretary, one Accounts Officer and Four Sections Officers in addition to other subordinate staff. Presently an O.S.D. has been posted in place of the Secretary.

(ii)        Special Police Establishment:

            It is constituted under a special Act called “The Madhya Pradesh Special Police Establishment Act 1947”, for the investigation of certain offences affecting the public administration and those falling under certain provisions of prevention of Corruption Act which is a Central Act. The SPE is headed by an Additional Director-General of the state Police who is designates as Director-General, SPE. He is assisted by one IGP, two DIGs, 10 SPs, 35 DSPs and 232 men of other ranks. The superintendence of M.P. Special Police Establishment (SPE) vests in the state Lokayukt.

            There are 10 divisional offices of the SPE, which are situated at divisional headquarters of revenue divisions.

(iii)      Technical Cell:

            The organization has also a Technical Cell which is entrusted with the enquiries of technical nature. Thing wing is headed by a Chief Engineer under whom there are three Executive Engineers, one each from Water Resources, public Works and Public Health Engineering Department. Besides, there are six Assistant Engineers and Four Technical Assistants in the Technical Cell.

(iv)       Legal Section:

            To assist the Lokayukt and the Up-Lokayukt there is a legal section in which three district judges obtained on deputation from state High Court are working as legal advisors and an officer of the CJM rank is posted as Dy. Legal Advisor. These officers deal with the legal matters arising in the organization and also help in conducting enquires.

(v)               District Vigilance Committees:

By making amendments in the Lokayukt Act, a provision has been made for constitution of District Vigilance Committees. These committees are comprised of three members out of which one should be retired officer having experience of judicial work. The idea behind constituting these committees is to ensure that the enquiries of district level public servants may be conducted by these committees. Though there is a provision for constitution one committee in each district, presently it has been decided to have them only at divisional headquarters. Nine such committees are functioning at the nine major divisional headquarters.

SCOPE AND JURISDICTION AND HOW IT IS EXERCISED

The Act covers public servants of all categories making a few exceptions like Speaker and Deputy Speaker. The Lokayukt has exclusive jurisdiction to enquire into complaints against the Chief Minister, Deputy Chief Minister, Minister, Minister of state, Deputy Minister, Leader of Opposition and officer of the rank of Secretary and above. The Speaker, Deputy Speaker and MLAs are excluded from the purview of the Act. The Up-Lokayukt is empowered to enquire into all other cases except those in which powers vest exclusively with the Lokayukt. These cases cover officers of an Apex Co-operative Society or a District Co-operative Society; any person holding any office in a Government Company, a Corporation or a local authority established by the State Government, Vice Chancellor or Registrar of a University; and any person appointed to a public service or post in connection with the affairs of the state of Madhya Pradesh.

The Lokayukt or the Up-Lokayukt cannot into any complaint the subject matter of which is more than five years old. They cannot also enquire into any case which is the subject matter of an enquiry under the public Servants Inquiries Act 1950 or which has been referred for enquiry under the Commission of Inquiry Act 1952.

The Lokayukt and the Up-Lokayukt are vested with powers under the Evidence Act 1872 and the Criminal Procedure Code 1973 for conducting enquires. All proceedings before the Lokayukt and the Up-Lokayukt are deemed to be judicial proceedings and the Lokayukt and the UP-Lokayukt and the Up-Lokayukt are deemed to be a court within the meaning of the Contempt of Courts Act 1971.

After allegations against a public servant are established to the satisfaction of the Lokayukt or the Up-Lokayukt, as the case may be, the Act requires him to send his report in writing to the competent authority with his findings and recommendations. It is incumbent on the part of the competent authority to report the action taken within three months of receipt of such report. If the Lokayukt or the Up-Lokayukt is not satisfied with the action taken he can send a special report to the Governor in such cases. The Act also provides for submission of annual report by the Lokayukt and the Up-Lokayukt to the state Governor which is thereafter laid before the ate Legislative Assembly. The Lokayukt may also make suggestions to the State Government in respect of any practice or procedure coming to his notice which in his opinion affords an opportunity for corruption or mal-administration. The Act prohibits any suit, prosecution and other proceedings against the Lokayukt or the Up-Lokayukt or against any officer, agency or person in respect of anything which is done or intended to be done by them in food faith under the Act.

URL: http://www.aoa.org.pk/p_india.html