Rajasthan Lokayukta act against corruption through complaints

The institution called Lokpal or Ombudsman has achieved international success in being the watchdog of the administration. Its initial credit goes to Sweden where the concept of this organization was first conceived.

The institution of Lokayukta was created under the Rajasthan Lokayukta and Up-Lokayukta Act, 1973 to independently and impartially investigate complaints related to corruption and misuse of office against public servants with the aim of providing clean administration to the public.

Lokayukta is an independent institution with jurisdiction over the entire state of Rajasthan. It is not a department of the state government, nor does the government have any interference in its work.

Powers of Lokayukta

Under Section 7 of the Rajasthan Lokayukta and Up-Lokayukta Act, 1973, the Lokayukta has been empowered to investigate the allegations leveled against ministers and public servants in certain cases.

This statement -

• Causing undue harm or hardship to any person by public servants,

• abusing his official position as a public servant to obtain illegal advantage for himself or any other person,

• being motivated by personal interest or corrupt or improper motives in the discharge of his functions,

• May relate to being guilty of corruption or lack of good character in the capacity of a public servant.

According to the definition of public servant given in section 2(i) of the Act, the Lokayukta has jurisdiction to investigate against:-

 (i) a member of the Council of Ministers of the State of Rajasthan (other than the Chief Minister), by whatever name called, that is to say, Minister, Minister of State or Deputy Minister,

 (ii) a person appointed to any public service or public office in connection with the affairs of the State of Rajasthan,

(iii) (a) every pramukh and sub-pramukh of Zilla Parishad, pramukh and sub-pramukh of Panchayat Samiti and chairman of any standing committee constituted by or under the Rajasthan Panchayati Raj Act,

          (b) every mayor and vice-mayor of a municipal corporation, every president and vice-president of a municipality/council, the president and vice-president of a municipal board and the president of any committee constituted under the Rajasthan Municipal Act,

(iv) every person who is in the service or pay of—

          (a) any local authority in the State of Rajasthan which may be notified in this behalf by the State Government in the Official Gazette,

          (b) any corporation (not being a local authority) established by or under any State Act and owned or controlled by the State Government,

(c) any Government company within the meaning of section 617 of the Companies Act, in which not less than fifty-one percent of the paid-up share capital is held by the State Government or any company which is a subsidiary of any such company in which not less than fifty-one percent of the paid-up share capital is held by the State Government; is held by

          (d) any society registered under the Rajasthan Societies Registration Act, which is under the control of the State Government and is notified on this behalf by that Government in the Official Gazette.

There is no complaint in this institute against:-

• 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,

• 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 Legislative Assembly Secretariat,

• Complaints are also made against Sarpanchs, Panches and MLAs but cognizance cannot be taken against them because they are not in jurisdiction,

• Retired civil servant.

The first Lokayukta was Justice Shri I.D. Duha.

The incumbent Lokaykta is Justice Shri Pratap Krishna Lohra.