Delhi Lokayukta

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Delhi Lokayukta
Agency overview
Formed1997
Jurisdictional structure
Federal agency India
Operations jurisdiction India
General nature
Operational structure
HeadquartersOffice of the Lokayukta, Government Of NCT Of Delhi, 'G' Block, Vikas Bhawan, I.P. Estates, New Delhi-110002, 2337-0865, 2337-0561, 2337-0073, Fax: 2337-8155 Telefax:2337-0570,
Agency executive

Delhi Lokayukta is a high level statutory functionary formed by the Government of Delhi under the Delhi Lokayukta and Upa-Lokayuktas Act, 1995. The position acts as the parliamentary ombudsman for the Union Territory of Delhi. The act is aimed to increase efficiency in the standard of services in Public offices through immediate investigation of grievances against ministers, legislators and other public servants and officials serving in Government offices, by any member of public through their timely investigation . [2] The passage of Lokpal and Lokayukta's Act, 2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. [3] [4] A bench of Lokayukta should consist of judicial and non-judicial members. [5]

Contents

A Lokayukta is appointed by the Governor of a state after consulting the committee consisting of Chief Minister of State, Speaker of its Legislative Assembly, Leader of Opposition in Legislature, Chairman of Legislative Council and Leader of Opposition in Legislative Council. Once appointed, a Lokayukta cannot be removed from office except in cases of misbehaviour or any other reasons specified in the Act and the term of service will be for five years.

History and administration

The Delhi Lokayukta and Uplokayukta Act, 1995 became operational from 22 September 1997. [6] As per the Act, Chief Justice of the Delhi High Court and the Leader of Opposition in the Legislative Assembly are consulted by Lieutenant Governor of Delhi while selecting and appointing a person as Lokayukta for the Union Territory of Delhi. As per the Act, once the office of Lokayukta becomes vacant due to retirement, superannuation or for any other reason of a serving official, a new Lokayukta should be appointed within a period of 6 months. [7] Many state Legislature have adopted the Act so that in addition to only serving chief Justices or sitting judges even retired Chief Justices or retired Justices can be considered as eligible for appointment for the position as the State Lokayukta. [8]

Oath or affirmation

"I, <name>, having been appointed Lokayukta (or Upa-Lokayukta) do swear in the name of God (or solemnly affirm) that I will bear faith and allegiance to the Constitution of India as by law established and I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will."

— First Schedule, The Delhi Lokayukta and Upa-Lokayuktas Act, 1995

Powers

Lokayukta has independent powers to investigate and prosecute any government official or public servants who are covered by the act and against whom complaint is received for abusing his authority for self-interest or causes hurt to anyone or any action done intentionally or following corrupt practices negatively impacting the state or individual. Once complaint is received on allegations of corruption, wrong use of authority and misdeeds by any of the public functionaries who may include Chief Minister, Ministers under him and members of the Legislature Assembly, Lokayukta has the power to recommend enquiry to necessary authorities and prosecute if proven. However, members like civil servants, Central Government officers, members of the legal community, police and officials of the Delhi Development Authority are excluded from this Act. [2]

Appointment and tenure

In year 2015, Reva Khetrapal was appointed as a new Lokayukta for a term of five years. [9] She was appointed two years after the previous lokayukta, Justice Manmohan Sarin, retired after serving a period of five years. Following is the list of past Lokayukta's of Delhi: [6]

IndexNameHolding charge fromHolding charge to
1Justice Shri R.N.Aggarwal 01.12.1997 01.12.2002 
2Justice Shri Mohd. Shamim 12.03.2003 12.03.2008
3Justice Sh. Manmohan Sarin06.11.200806.11.2013
4Justice Ms Reva Khetrapal17.12.2015

Notable cases

Following are some of the important orders passed by the Institution:

1. In one of the cases on complaints relating to release of stipends for old age people under a scheme during the year 2018, which had allegedly resulted in a notable loss to the state Government, the institution had ordered for registering an FIR against a North Delhi Municipal Corporation (NDMC) councillor. [10]

2. In year 2019 on a complaint received by it, the Lokayukta had asked the state Assembly to issue notices to all MLA's to make annual declaration of their assets and liabilities. [11]

3. In one of its earlier orders, the institution gave a clean chit to ex Delhi Chief Minister Ms.Sheila Dikshit on a complaint relating to a case for granting of government grants to a private firm in noncompliance of regulations and resulting in undue favours. [12]

Related Research Articles

The Lokayukta is the Indian Parliamentary Ombudsman, executed into power, through and for, each of the State Governments of India. It is brought into effect in a state after passing the Lokayukta Act in the respective state legislature, and a person of reputable background is nominated for the post. The post was created to quickly address the working of the government or its administration. Once appointed, Lokayukta cannot be dismissed or transferred by the government, and can only be removed by passing an impeachment motion by the state assembly.

The Assam Lokayukta is the Parliamentary Ombudsman for the state of Assam (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Assam Lokayukta and Upa-Lokayukta Act, and approved by the president of India on 2011. The passage of Lokpal and Lokayukta's Act, 2013 in Parliament had become law from January 16, 2014, and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Telangana Lokayukta is the parliamentary ombudsman formed by the erstwhile of Andhra Pradesh under the Andhra Pradesh Lokayukta and Upa-Lokayuktas Act, 83 and adapted by Telangana after getting bifurcated from Andhra Pradesh. The institution was designed to as a high level statutory functionary for the state of Telangana for addressing the public complaints against the state government officials and its administration and is independent of the governing political and public administration. The Act became Law from 1 November'83. The passage of Lokpal and Lokayukta's Act, 2013 in Parliament had become law from January 16, 2014 and had mandated every state in India to appoint its Lokayukta within a year of its passing. The mission of the Institution of Lokayukta is to eradicate the evil of corruption, favouritism, abuse of position and Power among the public functionaries and improve efficiency and to create cleaner image of the top public functionaries and promote fairness and honesty.

Himachal Pradesh Lokayukta acts as the parliamentary ombudsman for the state of Himachal Pradesh. It is formed as a high level statutory functionary formed by state of Himachal Pradesh under the Himachal Pradesh Lokayukta and Upa-Lokayuktas Act, 2014. The position is helpful in enhancing the standard of services in Public Administration through fast track investigations of complaints and grievances by any member of public against state ministers, legislators and other public servants. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16, 2014, and made mandatory for each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members.

The Bihar Lokayukta is the Parliamentary Ombudsman for the state of Bihar (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Bihar Lokayukta and Upa-Lokayukta Act, and approved by the president of India on 2011. The passage of Lokpal and Lokayukta's Act, 2013 in Parliament had become law on January 16, 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

West Bengal Lokayukta is the Parliamentary Ombudsman for the state of West Bengal (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the West Bengal Lokayukta and Upa-Lokayukta Act and approved by the president of India on 2013. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16, 2014, and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position falls vacant before time.

Gujarat Lokayukta is the Parliamentary Ombudsman for the state of Gujarat (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Gujarat Lokayukta and Upa-Lokayukta Act, and approved by the president of India on 1986. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16, 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

<span class="mw-page-title-main">Madhya Pradesh Lokayukta</span> Anti-corruption Ombudsman for the state of Madhya Pradesh

Madhya Pradesh Lokayukta is the Parliamentary Ombudsman for the state of Madhya Pradesh (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Madhya Pradesh Lokayukta and Deputy Lokayukta Act-1981, and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16,2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Haryana Lokayukta is the Parliamentary Ombudsman for the state of Haryana (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Haryana Lokayukta and Deputy Lokayukta Act-2002, and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16, 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Odisha Lokayukta is the Parliamentary Ombudsman for the state of Odisha (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Odisha Lokayukta and Deputy Lokayukta Act, and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16, 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Tamil Nadu Lokayukta is the Parliamentary Ombudsman for the state of Tamil Nadu (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Tamil Nadu Lokayukta and Deputy Lokayukta Act-2018 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16, 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Arunachal Pradesh Lokayukta is the Parliamentary Ombudsman for the state of Arunachal Pradesh (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Arunachal Pradesh Lokayukta and Deputy Lokayukta Act-2014 and approved by the president of India. The passage of The Lokpal and Lokayuktas Act, 2013 in Parliament had become law from January 16, 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Chhattisgarh Lokayog is the Parliamentary Ombudsman for the state of Chhattisgarh (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Chhattisgarh Lok Ayog Act, 2002 and approved by the president of India. The passage of Lokpal and Lokayukta's Act, 2013 in Parliament had become law from January 16, 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Jharkhand Lokayukta is the Parliamentary Ombudsman for the state of Jharkhand (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Jharkhand Lokayukta Act-2001, and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16, 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Punjab Lokayukta is the Parliamentary Ombudsman for the Indian state of Punjab. It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Punjab Lokpal Act-1996, and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16,2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Manipur Lokayukta is the Parliamentary Ombudsman for the state of Manipur (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Manipur Lokayukta and Deputy Lokayukta Act-2014 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Nagaland Lokayukta is the Parliamentary Ombudsman for the state of Nagaland (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Nagaland Lokayukta and Deputy Lokayukta Act-2014 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16, 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Sikkim Lokayukta is the Parliamentary Ombudsman for the state of Sikkim (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Sikkim Lokayukta and Deputy Lokayukta Act-2012 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16, 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Tripura Lokayukta is the Parliamentary Ombudsman for the state of Tripura (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Tripura Lokayukta and Deputy Lokayukta Act-2008 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16, 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Rajasthan Lokayukta is the Parliamentary Ombudsman for the state of Rajasthan (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Rajasthan Lokayukta and Deputy Lokayukta Act, and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from January 16, 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

References

  1. ↑ "Department of Lokayukta". lokayukta.delhigovt.nic.in. Archived from the original on 30 August 2021. Retrieved 31 August 2021.
  2. 1 2 "What is a Lokayukta?". NDTV.com. 12 July 2010. Retrieved 31 August 2021.
  3. ↑ Seetharaman, G. (10 November 2018). "Delay in appointment of Lokpal & Lokayukta: Who will bell the graft?". The Economic Times. Retrieved 30 August 2021.
  4. ↑ Bureau, Our (18 December 2013). "Lok Sabha passes landmark Lokpal Bill". @businessline. Retrieved 30 August 2021.
  5. ↑ "Only four states have appointed judicial, non-judicial members of Lokayukta, says report". The Economic Times. 8 December 2020. Retrieved 31 August 2021.
  6. 1 2 "Department of Lokayukta". lokayukta.delhigovt.nic.in. Archived from the original on 30 August 2021. Retrieved 30 August 2021.
  7. ↑ "Ensure Lokayukta appointment is made as per rules, BJP urges HC Chief Justice". Tribuneindia News Service. 7 August 2021. Retrieved 30 August 2021.
  8. ↑ "Andhra Pradesh Assembly Passes Judicial Commission Bill to Bring Transparency in Govt Tenders". News18. 26 July 2019. Retrieved 31 August 2021.
  9. ↑ "Reva Khetrapal is Delhi's new Lokayukta". Hindustan Times. 20 October 2015. Retrieved 30 August 2021.
  10. ↑ "Delhi HC declines to stay Lokayukta order for FIR against MCD councillor over old age stipends | Delhi News - Times of India". The Times of India. 2 April 2021. Retrieved 30 August 2021.
  11. ↑ Nath, Damini (18 January 2019). "Lokayukta, Delhi Assembly at loggerheads over notices to MLAs". The Hindu. Retrieved 30 August 2021.
  12. ↑ "Advertisement Contract: Delhi Lokayukta Gives Clean Chit to Sheila". www.outlookindia.com. 1 August 2016. Retrieved 30 August 2021.
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