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Saturday, March 27, 1999

Kerala Lok Ayuktas to have more powers

K S Sudhi  
KOCHI, MARCH 26: The Lok Ayukta can now suo motu order a confidential probe into allegations or grievances against public persons, and may press any investigating agency of his choice into action for the same. These are some of the sweeping powers the State Lok Ayukta and the two Upa Lok Ayuktas will be vested with. A draft proposal detailing these investigation and establishment rules has been submitted to the Government, sources said.The Lok Ayukta will have the powers of a civil court while trying a suit under the Civil Procedure Code and may also utilise the service of any officer of State and Central investigating agencies, with the concurrence of the respective Government. The establishment rules also envisage the setting up of a 24-member Central investigation team headed by a director of the IG rank. The unit will also have three deputy directors of DIG rank, two SPs, three deputy SPs and five CIs, SIs and constables in its fold.

The district investigation teams, except for Wayanad and Kasaragoddistricts, will have 11-member squads headed by SPs. The combined team for Kasaragod and Wayanad districts will be led by a deputy SP. The rules also propose a preliminary scrutiny of complaints and hearing of the complainant before ordering investigation.

Once the Lok Ayukta is satisfied that the allegations levelled are wholly or partially sustainable, the findings, along with the recommendations and relevant documents, will be forwarded to the competent authority. The Lok Ayukta may also file interim reports recommending the granting of interim relief to the complainant at the stage of preliminary verification or investigation, if it is felt that the complainant has suffered injustice or undue hardship caused as a consequence of the act mentioned in the complaint.The competent authority is under an obligation to intimate the action takenfollowing the report of the Lok Ayukta within one month of the date of receipt of the interim report. The Act also proposes a five-year time bar from the date of actionfor filing complaints.

No complaints will be permitted to be withdrawn unless the Lok Ayukta is satisfied that the complaint was made under a bona fide mistake, or the grievance complained of has been adequately redressed. The complainants and public servants are free to engage lawyers for presenting their case before the Lok Ayukta.

With regard to false or maliciously made complainants, the rules allow the Lok Ayukta to accord sanction for prosecuting such complainants before a first class chief judicial magistrate court.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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