The Hindu : Karnataka / Bangalore News : `Lokayukta work will come to a halt'

Online edition of India's National Newspaper
Saturday, Jul 01, 2006

Karnataka

Karnataka - Bangalore

`Lokayukta work will come to a halt'

Staff Reporter

N. Venkatachala retires today; Government yet to appoint successor

N. Venkatachala

BANGALORE: With the State Government neither appointing a new Lokayukta nor amending the Lokayukta Act to empower the Upalokayukta to function as Lokayukta, a vacuum appears certain in the administration of the institution from July 2.

Lokayukta N. Venkatachala's tenure will come to an end on Saturday. The Government has not so far given him another term or appointed another person as Lokayukta.

`Not discussed'

In fact, the Cabinet, which met on Friday, did not discuss the issue of giving a second term to the Lokayukta. Replying to a question after the Cabinet meeting, Chief Minister H.D. Kumaraswamy said the issue would be considered later.

On Thursday, Mr. Venkatachala told presspersons, "If the Government fails to appoint a person to the post it will create a vacuum in the administration of the institution. The Upalokayukta cannot discharge the functions of the Lokayukta in the light of the observations of the High Court in the case concerning the former Vice-Chancellor of the University of Mysore S.N. Hegde."

In the order on the writ petitions challenging the report of the Lokayukta against Mr. Hegde and another officer in February 2004, the High Court had said that in the absence of the Upalokayukta (who had not been appointed then), the Lokayukta had no jurisdiction to investigate complaints that were to be investigated by the Upalokayukta under Section 7 (4) of the Lokayukta Act. The term "absence" in the section was interpreted by the High Court as "casual vacancy."

According to Mr. Venkatachala, when his term comes to an end on Saturday there will a permanent vacancy. "Because of the High Court's interpretation of the term, the Upalokayukta cannot perform the administrative functions of the Lokayukta as the term `absence' is also used in Section 15 (4) of the Act."

He said he had brought this to the notice of Chief Minister H.D. Kumaraswamy.

Contrary view

Sources in the Lokayukta's office said Sections 7 (4) and 15 (4) were different. In the absence of the Lokayukta, the Upalokayukta would be barred from initiating action against officials who came under the jurisdiction of the Lokayukta. In all other matters the functioning of the Upalokayukta would remain unhindered, and the Upalokayukta could exercise all administrative and disciplinary responsibilities vested in the Lokayukta in absence of the latter.

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