Lokayukta investigates cases of corruption, where substantiated, recommend action. He is a great check on corruption, brings about transparency in the system, makes administrative machinery citizen friendly. His functions largely depend upon jurisdiction vested in him and facilities provided for taking cognizance of citizens’ grievances promptly, dexterously and expeditiously through simple, informal mechanism devoid of technicalities. Corruption is internationally recognized a major problem,capable of endangering stability and security of society, threatening social, economic and political development and undermining the values of democracy and morality.
A person to be elected as a Lokayukta should be one, who is or is the Chief Justice or Judge of the High Court. Or, a famous person, who has more than 25 years of expertise in topics related to anti-corruption, public administration, vigilance, finance, law and management. Maximum four members can be selected, of which 50 percent will be judicial members. But 50 percent of the members of Lokayukta will be from SC, ST, OBC, minority and women.
Special Powers of the Lokayukta
- Lokayukta can provide instructions for initial investigation or inspection in any case.
- It is not possible to transfer the officer without the permission of the Lokayukta.
- The Lokayukta will receive all the powers of the civil court while doing the investigation.
Chairperson, selection committee for appointment of members
- The committee constituted at the Governor’s level will appoint the president and members of Lokayukt. The governor can give advice to the selection committee for reconsidering the recommendation of the committee, but there will be a compulsion to accept the recommendation after reconsideration.
- The Governor will constitute an Investigative Committee for appointment of Chairman and Members of the Lokayukta.
- The selection committee will consider the names of recommendations of the research committee and will then give its recommendation. On this basis the governor will appoint president and members.
- The President and every member from whom he takes over will be able to provide services for five years or till the age of 70 years.
- Lokayukta will not be eligible for re-appointment as Chairman or as a member.
- For five years from the date of resignation, the President and the Member shall not be eligible to contest the election of President, Vice President, MP, MLA, Municipal Body and Panchayat.
Lokayukta will be able to probe against :-
– Chief Minister or former Chief Minister, but it would be necessary to start a full judicial inquiry And consideration and approval to begin investigating at least four members.
– Minister or former minister in the state government
– Member or former member of state assembly.
– Any officer of Group A and B level in public service.
– Any officer or its equivalent officer of Group C and Group D in public service.
– Body Board, Authority, President of Autonomous Body, Member, Employee, Officer
– Any work or conduct of any person can also be examined.
Uttarakhand Vigilance establishment was set up under the Uttarakhand (UP Vigilance Establishment act 1965) Adaptation and Amendment Order 2002. The primary function of the Vigilance Establishment is to bring relief to the common man by curbing corruption in Government Departments and Offices.
For action against any Government Officer or Employee or any Public Servant who engages in corruption or demands bribe or remuneration other than the prescribed legitimate honorarium/fees, information can be given personally or on phone, fax or email to Uttarakhand Vigilance Establishment.
Organizational Structure of Uttarakhand Vigilance Department is as follows:-
The Vigilance Establishment shall perform the following functions:
(a) Keep the Government informed of all the cases of corruption, bribery, misconduct, misbehavior and other malpractice involving public servants that come to its notice.
(b) Collect Intelligence on its own initiative or on the orders of Government in the Vigilance Department relating to corruption of any individual public servant or public servants belonging to department, class or category;
(c) Make enquiries, secret or open, and investigations into cases of corruption, bribery, misconduct, misbehavior or other malpractices, that may be referred to it from time to time of the Government in the Vigilance Department.