Non-appointment
of Lokpal by BJP Govt. and a Toothless Lokayukta Law enacted by BJD Govt. has
destroyed people’s hope of getting an empowered and independent Investigative Agency in the country as well as in state of Odisha
Dear friends
Since last few days, Odisha has witnessed debate
in media and in legislative assembly about implementation of Odisha Lokayukta Act, constitution of Lokayukta
in the state and Affidavit filed
by Govt. of Odisha in Supreme
Court. The opposition
leaders are also seen demanding
immediate constitution of
Lokayukta in the state.
As we have pointed out earlier
on the day one i.e., February, 2014 when Odisha Legislative Assembly
passed Odisha Lokayukta Bill taking credit
that Odisha is the first state in
the country to pass this law,
Odisha Lokayukta as
envisaged in the said Bill, if ever constituted in future, would remain a
lame-duck body, congenitally incapable to meet the increasing menace of
corruption and mal-administration that has gripped every sphere of public life
across the state.
In
the midst of discourse which is going on
in the state, we once again reiterate our stand
that the Odisha Lokayukta Bill 2014, despite its timely presentation in
the State Assembly and later got assent of the president of India had suffered a series of critical lacuna and
incongruities vis-a-vis the letter and spirit of the parent Act. i.e. Lokpal
and Lokayukta Act 2013. The BJD government hurriedly, within one month,
passed the Odisha Lokayukta Bill, 2014 during Feb '14, without any discussion
with any civil society forum, even though Section 63 of Central Lokpal and
Lokayukta Act given the time period of one year for all the States to passing
their respective Lokayukta Act.
Since 2014, we are concerned and on record have demanded amendments to the objectionable&
unconstitutional Odisha Lokayukta Bill '14, now received the assent of
President of India during 2015 but government is yet to make gazette
notification for enforcement of the Act. Our objection is with a view to
removing the repugnancies vis-a-vis Central Lokpal Act, enacted under the
concurrent list of the Constitution. The parent Lokpal Act 2013 has provided
reconstitution and empowerment of Central Bureau of Investigation (CBI) with
due amendment in Delhi Special Police Establishment Act 1946, into a free,
independent and autonomous body under the control of Lokpal.
On the contrary, the Odisha Lokayukta Law, leaves
the Director of Vigilance, the only anti-corruption investigating arm untouched
and thus it remains as before a subservient and pliant tool in the hands of
Executives and Politicians in punishing and protecting any public servant
charged with corruption to suit their partisan consideration and sweet will.
As a result of this, the people of Odisha are going
to have a lame-duck and toothless Lokayukta which no power and incapable of
guaranting any impartial and independent probe into any allegations of
corruption levelled against a public servant, let alone prosecuting him within
a time bound period as provided in the Central Lokpal Act 2013.
However, this pivotal issue of State Vigilance to
bring under the control of State Lokayukta along with a few allied important
matters constitute the principal theme of our movement. The critical difference
between the Lokpal and Lokayukta Act 2013 and the Odisha Lokayukta Act 2015 are
lucidly explained below which was submitted to Hon’ble President of India on
201.4. 2018 .
Critical Differences between
Lokpal and Lokayukta Act 2013 and
Odisha Lokayukta Act 2014
|
1. CBI, the premier investigating wing of the
Country has been freed from Governmental control by necessary amendment to
the concerned law, Delhi Special Police Established Act 1946. (Part-II of the Schedule)
2. The Director CBI shall be appointed by an apex
level body comprising 3 Members, Prime Minister, Leader of Opposition and
Chief Justice of Supreme Court.(Part-II of the Schedule)
3. The Director of Prosecution to be appointed by
the Central Govt. on the recommendation of CVC shall function under the
overall supervision and control of Director CBI and can’t be removed before
completion of 2 years in office.(Part-II
of the Schedule)
4. Remaining Officers of CBI, namely SP and above to
be appointed as recommended by an inter-Ministerial Committee chaired by the
Chairman CVC in consultation with the Director CBI. .(Part-II of the Schedule)
5. An Officer
of CBI investigating a case referred
by LOkpal can’t be transferred without the approval of Lokpal.(Section 25-3)
6. CBI with the consent of Lokpal can appoint a
panel of lawyers other than Govt.Advocates for conducting cases referred to
it by Lokpal. (section 25-4)
7. Govt. to fund CBI adequately for conducting
effective investigation into cases referred by Lokpal. (Section 25-4)
8. The Lokpal to act as the final appellate
authority for appeals arising from any other law providing for delivery of public services and redress
of public grievances, as and where is a corruption angle as per the PoC Act
1988.
|
1. The Directorate of Vigilance, premier anti-corruption agency
of State remains as before
under direct control of
Govt. in the
G.A. Dept. and there
is also no
Act to regulate the
Directorate. (http://odishavigilance.gov.in)
2. The Director General of Vigilance is appointed by
Government and his tenure and service matters are completely subject
to the control of the State Govt.( (http://odishavigilance.gov.in)
3. All the officers in the Prosecution wing of Directorate
of Vigilance are appointed by the Government and as such function under its
direct control. They are also subject to transfer as and when
desired by the State
Government.
(http://odishavigilance.gov.in)
4. All the Officers in the Directorate of Vigilance
are appointed directly by the State Government in G.A. Dept. (http://odishavigilance.gov.in)
5. No approval
of Lokayukta needed before the
transfer of a
Vigilance Officer investigating a
case referred by Lokayukta. (http://odishavigilance.gov.in)
6. Provision for an additional panel of Lawyers to
be appointed by Director, Vigilance
for conducting cases referred by Lokayukta is absent. (Section-25)
7. No provision for Govt. funding to Director of
Vigilance for investigation into cases referred by Lokayukta. (section 25)
8. The Odisha Right to Public Services Act 2012 is
already in force, but neither Odisha Lokayukta Bill 2014 declares Lokayukta
as the final appellate authority, nor the ORPS Act was amended to declare
Lokayukta as the final authority in respect of all appeals made there under.(Chapter XV Odisha Lokayukta Bill 2014)
|
We urge the Prime Minister of India to immediate
call the meeting of selection
Committee for constitution of Lokpal in
the centre and demand to Chief Minister, Odisha to amend Odisha Lokayukta Act before its implementation in the state.
Pradip Pradhan Debesh
Das
M-9937843482 M-
9437020674
On behalf of Odisha Lokayukta Abhijan, Cuttack
Date-2.5.18
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