AAP Lokayukta: Powers to remove corrupt minister; 1 Lakh fine for false complaint
GOANEWS DESK, PANAJI | 14 March 2013 17:38 IST
Dinesh Waghela (Centre) along with Rajashree & Walmiky Naik
The new draft of Lokayukta on the lines of Uttarakhand act empowers the Lokayukta to remove the corrupt minister, once proved guilty, and to approach the high court if its recommendations are not implemented.
The draft, submitted by Adv Prashant Bhushan as promised to chief minister Manohar Parrikar, also contains enough provisions to act against false and frivolous complaints and a fine up to Rs one lakh.
The draft also provides investigation or prosecution against the chief minister, ministers, MLAs and the Secretaries, only after obtaining permission from the Lokayukta bench.
Dinesh Waghela, local leader of the Aam Aadmi Party, told media persons that the Uttarakhand act has been modified a bit, by deleting all the objectionable provisions, due to which it has been held up in Uttarakhand itself.
“Once passed by the Assembly, this amendment bill need not be sent to the President of India for assent, like the Uttarakhand act”, said Waghela.
The major highlights of the modified Goa Lokayukta draft are as follows:
PROBE AGAINST MINISTERS & SECRETARIES
There will not be investigation or prosecution against the chief minister, minister or the MLA without obtaining permission from the Bench of all members along with the Chairperson of Lokayukta.
In case of Secretary to the government, permission for investigation and prosecution would be obtained from two-member Bench and the Lokayukta chairperson.
PUNISHMENT TO CORRUPT PUBLIC SERVANTS
Public servants include government servants as well as the MLA, minister and the chief minister, but not the judges of Bombay high court at Goa.
After investigation against the public servant is complete, the Lokayukta – if satisfied – will either initiate prosecution or punish with dismissal, removal or reduction in rank or both.
Lokayukta would appoint judicial officers to conduct inquiry within three months while giving hearing to accused public servant. Lokayukta would take a final decision on the inquiry report.
ACTION DURING PROBE
As a preventive action, Lokayukta is empowered to recommend to the public authority action against the accused corrupt public servant, while investigation is on.
The public authority has to act on the recommendation within 15 days.
If the public authority rejects the recommendation, Lokayukta is empowered to approach the high court.
FALSE AND FRIVOLOUS COMPLAINT
The Lokayukta will have discretionary powers to refuse to investigate any complaint, if he or she feels it is frivolous or vexatious, not made in good faith or it has no sufficient grounds to investigate.
If Lokayukta finds that a complaint is meant to harass certain authority, it would fine the complainant up to Rs one lakh.
However, no fine would be imposed without hearing the complainant or merely because the case could not be proved.
POWERS OF LOKAYUKTA
Powers to initiate prosecution before a Special Court established under the Prevention of Corruption Act, 1988.
Powers to attach property and assets acquired by corrupt means and to confiscate them in certain cases.
Powers to recommend cancellation or modification of a lease, license, permission, contract or agreement, if it was obtained by corrupt means.
Powers to recommend blacklisting of a firm, company, contractor or any other person, involved in an act of corruption.
Powers to approach the high court if the public authority does not comply with the recommendation or reject it within a month.
Powers to constitute a prosecution wing and appoint a Director of Prosecution along with officers.
Powers of a civil court trying a suit under the Code of Civil Procedure, 1908.
PROTECTION TO WHISTLEBLOWERS
Any person having information of any corruption would be encouraged to send the information confidentially to the Lokayukta
It shall be the duty of the Lokayukta to get an inquiry and even investigate made into such information under the Prevention of Corruption Act, 1988.
Lokayukta may issue necessary orders to provide protection to whistle blowers from any physical harm or administrative harassment.
Identity of such whistle blower shall also be protected if the whistle blower so desires.
Complaint without any basis or evidence but only to harass certain authorities would be dealt with a fine up to Rs one lakh.
what is the point. We know that parrikar has no guts to do it. He lied to prashant bhushan, he lied to hubert gomes, he lied to all goans. Either by written or oral assurances. Now only way is the constituents of bjp mlas should bring pressure on their respective mlas to replace parrikar with someone better among themselves. Senior bjp leaders like shripad naik should take initiative in this regard. Bjp mlas get well soon and replace parrikar should be the new public movement. Otherwise parrikar will finish goa in next few months.
Public (Peoples) Servants are always Sad & someone is always Sick in their House because of CURSES they have of the Common Man. They shout at the Common Man if they are the Boss and Common Man are their Servants. Public (Peoples) Servant must always remember that this Common Man pay their Salaries and not the Government because this Common Man pays Taxes to the Government and return Government pays Salary to the Peoples Servant from the Common Man Hard Earn Money. Public (Peoples) Servant must obey Common Man to get Blessings from the GOD and get rid of Curses which they have of the Common Man in their Family. TEARS which they give to the Common Man make these Public (Peoples) Servants Family Life Miserable & Full of Curses.