Lokpal or Lokayukta

In most countries of the world the institution whichombudsmanIt is said that in our countryLokpal or LokayuktaKnown as. Name of Lokpal or Lokayukta in Indiain 1963famousJurist Dr. L. M.SinghviHad given. The word Lokpal is derived from the Sanskrit words lok (people) and pala (protector).

The institution called Lokpal or Ombudsman has achieved international success in being the watchdog of the administration. opening creditsswedenGoes back to 1700 where the concept of this institution was first conceived. there in the year 1713king charles 12appointed one of his councilors to punish officials who violated the law. The members of the Constituent Assembly formed to make a new constitution in Sweden insisted that unlike the previous arrangement, one of their own officials should do the investigation, who should not be a government official under any circumstances. On this, in the year 1809, for the first time in the Constitution of Sweden, there was a provision for this institution in the form of 'Ombudsman for Justice' which would investigate cases of violation of laws and regulations by public servants.

Ombudsman is a Swedish word which literally means representative or agent of the people. In fact, ‘Ombudsman’ means a person who is appointed to protect the rights of citizens from maladministration, corruption, delay, inefficiency, opaqueness and misuse of office.

in our countryJanuary 5, 1966ToShri Morarji Desaifirst under the chairmanship ofAdministrative Reforms Commissionwas formed. This commission “Problem of Redress of Citizens' GrievancesIn its interim report of the year 1966, considering the anger that often arises against the widespread corruption in the system, widespread inefficiency and insensitivity of the administration towards the needs of the common people, it was recommended that for the prevention of public prosecution and investigation of complaints alleging corruption and injustice arising from the misguided system.Lokpal at the Center and Lokayukta in the statesA legal institution called 'Junk' should be established but this recommendation was not accepted for a long time.

first in the countryin 1970 OdishaInLokpal bill passedWas done, but the post of Lokayukta in Odisha was established in 1983.

**The post of Lokayukta was first established in Maharashtra in 1971.**Was done.

in Rajasthan in 1973And after this, Lokayukta institution was established in more than 20 states. Even before this, for the care of public prosecution in RajasthanPublic Prosecution DepartmentIt existed but there was no provision in this system of government for any such institution through which complaints of misuse of office, corruption and inaction against ministers, secretaries and public servants could be investigated and investigated. First in Rajasthan in 1963Harishchandra MathurAdministrative Reforms Committee formed under the chairmanship ofLokayuktaIt was recommended to establish an institution like this which would keep an eye on the working of the executive and could investigate complaints and corruption cases.

Rajasthan Lokayukta and Up Lokayukta Ordinance passed in the year 1973happened, whichFebruary 3, 1973Came into effect in Rajasthan from. It received the approval of His Excellency the President on March 26, 1973 and since then it is effective in the state in the form of an Act.

Much awaited for the establishment of Lokpal at the central level and Lokayukta institutions at the state level.Lokpal and Lokayukta Act, 2013(Act No. 1 of 2014) by Parliamentyear 2014passed in, datedJanuary 1, 2014Received the approval of His Excellency the President. The provisions of this Act have come into force from January 16, 2014, by notification dated January 16, 2014, published in the Gazette of India.

Lokayukta in Rajasthan

Rajasthan Lokayukta and Up-Lokayukta Act, 1973(Act No. 9 of 1973) This is a high-level agency established to investigate corruption, misuse of office and inaction against ministers, secretaries, chairpersons of state institutions, chairpersons of autonomous government institutions, vice-chairpersons, chiefs, heads and other officers and employees of Rajasthan.Statutory and independent institutionsIs.

Nyaya Murthy I D Dua the first Lokayukta of RajasthanWere.

appointment of lokayukta

appointment of lokayuktaGovernorIs done by.

Appointment of Lokayukta in RajasthanChief Minister,leader of oppositionAndChief Justice of the High Courtis made by the Governor after the advice of.

Retired Chief Justice of High CourtOrRetired Supreme Court judgeCan be appointed as Lokayukta.

Lokayukta's tenure

in rajasthanTenure of Lokayukta is 5 yearsbelonged to whommarch 2018increased by the government in8 yearsHas been done.

July 2019InAmendment in Lokpal and Up Lokayukta lawand tenure of Lokayuktaback from 8 years to 5 yearsIt has been done.

Hence, currently the tenure of Lokayukta in Rajasthan5 yearOr65 years of ageTill, whichever is earlier.

Henot eligible for reappointmentIt happens.

of RajasthanThe first and only Deputy Lokayukta Shri K.P.U. MenonWere.

removal process

misconductOrinabilityLokayukta in case ofby the Governorcan be removed.

The salary of Lokayukta is equal to that of the Chief Justice of the High Court.

Lokayukta report

From the complaints received and the action taken regarding their resolution.Lokayukta submits a report every year to the Honorable Governor to keep him informed.. If necessary, a special report is also sent after informing the complainant. The Honorable Governor presents the special report received from the Lokayukta and the annual report along with his memorandum on the table of the State Assembly.

When the post of Lokayukta becomes vacant, the Lokayukta discharges the functions of Deputy Lokayukta and when the post of Deputy Lokayukta becomes vacant, the Lokayukta discharges its functions.

If the posts of both become vacant, the Governor can hand over their charge to any judge of the High Court after consulting the Chief Justice of the High Court.

Lokayukta has the power to investigate complaints against:

All ministers of the state, any public servant of the state.

District Chief and Deputy District Chief.

Heads and Deputy Heads of Panchayat Committees.

Mayor and Deputy Mayor of Municipal Corporation.

Chairman and Vice Chairman of Local Authority, City Council and Municipality.

Chairman of Urban Development Trust (UIT).

Lokayukta cannot investigate a complaint against:

The Chief Justice or Judge of a High Court or a member of the judicial service as defined in clause (b) of article 236 of the Constitution,

Any officer or employee of any court in India,

Chief Minister, Rajasthan

Accountant General, Rajasthan,

Chairman or member of Rajasthan Public Service Commission,

Chief Election Commissioner, Election Commissioner, Regional Commissioner and Chief Electoral Officer, Rajasthan,

Officers and employees of Rajasthan Assembly Secretariat,

Complaints are also made against Sarpanches, Panches and MLAs but cognizance cannot be taken against them because they do not have jurisdiction.

Retired public servant.

NOTE : **Complaints and investigations cannot be conducted in cases older than 5 years.**Is.

grievance procedure

The complainant himselfclear names and addresseswith**₹10 affidavit**Can complain through. The complainant can send this letter to Lokayukta, Secretary, Deputy Secretary, Assistant Secretary, anyone.

The Lokayukta will see against which public servant the complaint has been made. If the complaint has been made with malicious intent then the Lokayukta will stop the investigation process there, otherwise the investigation process will be initiated.

Factual reports or documents may be sought from the public servant or his department. SelfPublic servant can also be called for questioning.

If the complaint is found to be true, the Lokayukta will send the state government to the concerned public servant.Can write for disciplinary action.

On this basis it can also be said thatLokayukta is an advisory bodyIs.

functions of lokayukta

To receive complaint against any public servant or political official.

Investigating the complaint.

If the complaint is not true then the complainant can also be punished.

Can also initiate investigation by taking suo motu cognizance.

Can also investigate when complaints are received against the actions of public servants. Like - causing harm to someone by a public servant.

powers of lokayukta

Calling for documents for investigation from a public servant or his department.

Taking an affidavit from a public servant.

During investigation, any particular person or public servant can be called to the Lokayukta office.

Can ask for a copy of any type of record from the High Court.

Limitations or criticisms of Lokayukta

Many public servants and officials are still out of the scope of Lokayukta's investigation. Like – Chief Minister, Accountant General, MLA, Sarpanch, Panch.

There is no proper discussion on the Lokayukta report in the House.

Control over subordinate courts (Article 235)

Shortage of staff.

There is lack of awareness among people regarding Lokayukta.

Suggestions to strengthen Lokayukta

All public servants and officials should be brought under the scrutiny of Lokayukta.

Its recommendations should be taken seriously by the government.

Immediate action should be taken by the government when disciplinary action is recommended against any public servant.

Lokayukta's own investigation mechanism should be developed.

It is noteworthy that the Rajasthan Government amended the existing Lokayukta Act on 28 February 2014 to make it stronger and effective.Advocate General Narpat Mal LodhaA high level committee was formed under the chairmanship of.

12th Lokayukta Justice SS KothariAfter the resignation of**Presently Justice Pratap Krishna Lohra is the 13th (Thirteenth) Lokayukta of Rajasthan.**Is.

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