The Hindu : Kerala News : Ombudsman seeks more powers

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Thursday, Oct 07, 2004

Kerala

Kerala

Ombudsman seeks more powers

By K.S. Sudhi

KOCHI, OCT. 6. The Ombudsman for Local Self-Government Institutions, K.P. Radhakrishna Menon, has suggested that the institution be given powers to take action on contempt of the institution.

He has also suggested that a special investigation team be formed for the Ombudsman.

These suggestions are included in a set of recommendations submitted by the Ombudsman to the State Government recently drawing upon its experiences during the last two years.

The Ombudsman has taken up 2,500 complaints during this period.

Panchayat Act

The Ombudsman sought a clause in the Kerala Panchayati Raj Act to deal with "intentional insult or interruption to or bringing into disrepute the institution of Ombudsman". Whoever intentionally insults or interrupts the proceedings of the Ombudsman should get a simple imprisonment for not less than six months, which may extend to one year with a fine not less than Rs.3,000 or both. However, the court may, for adequate and special reasons, impose a lesser sentence.

The recommendations assume significance in the backdrop of public statements made against some judgments and observations of the Ombudsman by some civic representatives.

Make Statute effective

The Statute that gives powers to the institution of Ombudsman should be made more effective for "eradicating corruption, maladministration, wilful negligence or delay in taking action and misrule in local self-government institutions," the Ombudsman said.

Cases of contempt

The Ombudsman should have and exercise the same jurisdiction, power and authority of the High Court in respect of contempt of court for trying cases of contempt of Ombudsman.

On the appeals against Ombudsman's orders, he suggested that only those appeals which involve a substantial question of law should be entertained. In an appeal against an order on maladministration of a public servant, the cost and compensatory cost awarded do not involve any question of law.

An Inspector General of Police, a Deputy Superintendent of Police, Circle Inspector, Sub Inspector a head constable and two constables should be there in the special investigation team for the Ombudsman.

Personal staff

He recommended that the personal staff of the Ombudsman be appointed on a permanent basis by the Ombudsman itself as the officials posted from the Government pool on deputation have to go back to their mother department after completion of the deputation period.

The frequent shifting of the officials hinders the smooth functioning of the institution.

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