The Hindu : Karnataka / Bangalore News : Upa Lokayukta supports Lokayukta's demand for <I>suo motu</I> powers

Online edition of India's National Newspaper
Sunday, Dec 04, 2005

Karnataka

Karnataka - Bangalore

Upa Lokayukta supports Lokayukta's demand for suo motu powers

Staff Reporter

`The Lokayukta can conduct investigation against officials only if complaints are accompanied by affidavits'

BANGALORE: Upa Lokayukta G. Patri Basavana Goud has come out in support of Lokayukta N.

Venkatachala's demand that the Lokayukta be given suo motu powers to deal with complaints of misconduct against government officials under the Karnataka Lokayukta Act.

In a letter to Robin D' Souza, Secretary, Law Department, Mr. Goud has said that suo motu powers given to him have enabled him to a great extent to look into certain complaints and recommend action against officials coming under his purview. "In most cases I have taken action on the basis of media reports, signed and unsigned letters, and even on the basis of complaints over telephone. Vesting of suo motu powers with me added to the advantage of the common man," he has said. They are in addition to the powers given to him to take action on a complaint accompanied by an affidavit.

It is not the same in case of the powers given to the Lokayukta. "The Lokayukta can conduct investigation against officials under his purview only if the complaint is accompanied by an affidavit," Mr. Goud has said. This rule can serve well before the Lokayukta initiates investigation on complaints against the Chief Minister, Ministers, legislators and secretaries to the government. "It will not only give seriousness to the proceedings that follow, but also make the complainant more responsible." But the absence of suo motu powers will be a disadvantage to the Lokayukta when he has to take action against `Group A' officers whose pay scale is Rs. 10,620 and above. "There is no rationale behind allowing the Upa Lokayukta to use suo motu powers against a government servant, while disallowing the Lokayukta to use the same against an official of a higher cadre," he has said.

Mr. Goud has given instances of difficulties that crop up because of the difference in powers. It was on the basis of media reports on the conditions in government hospitals he ordered the termination of the services of two doctors.But while investigating the conditions in a government hospital in Bangalore, Mr. Goud found that he could not use suo motu powers as the persons against whom allegations have been made are under the purview of the Lokayukta. The Lokayukta could not do anything for the reason that there was no complaint in a prescribed form and he has no suo motu powers.

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