BANGALORE: Lok Ayukta N. Santosh Hegde has suggested that the scope of the Karnataka Lok Ayukta Act be enlarged so that action can be initiated against all officials, including the Chief Secretary. He also wants the ambiguity in the powers and functions of the Lok Ayukta and the Upa Lok Ayukta removed.

Letter to Chief Minister

In a letter to Chief Minister H.D. Kumaraswamy, Mr. Hegde has sought a modification of the definition of "Secretary" given in Section 2 of the Act. The Act defines "Secretary" as a Secretary to Government, which includes Special Secretary, Additional Secretary and Joint Secretary.

Mr. Hegde wants the inclusion of Chief Secretary, Additional Chief Secretary, Principal Secretary, Secretary, Secretary 2 and Special Secretary in the definition to encompass all the different categories of secretaries.

An amendment to Section 7 (1) has been sought to enable the Lok Ayukta to investigate the actions of all public servants not only on the basis of a written complaint but also to take action on oral complaints, newspaper reports and letters. Presently the Act gives this power only to the Upa Lok Ayukta.

Mr. Hegde has proposed that the Lok Ayukta be allowed to discharge the functions of the Upa Lok Ayukta and vice versa when a vacancy arises because of death, resignation, retirement, removal or otherwise.

Mr. Hegde has also suggested a provision for investigation by either of the two authorities in cases where one of the two expresses the intention to withdraw because of conflict of interest. He also makes it clear that this shall not be construed as an authorisation to the Lok Ayukta or the Upa Lok Ayukta to revise or review any decision or recommendation made earlier by either of the two authorities.

In cases where legislators fail to file annual statements of their assets and liabilities to the Lok Ayukta within the allotted time, Mr. Hegde has suggested withholding their salaries and allowances till they file their statements. The other amendments that Mr. Hegde has sought include an increase in the period of limitation to file a complaint or a grievance; providing a representative of an aggrieved person, who is dead or incapacitated, an opportunity to file and act on a complaint; giving powers to persons assisting the Lok Ayukta and the Upa Lok Ayukta in conducting an investigation; use of any person or agency to conduct investigation; and power to initiate criminal proceedings for misdeeds.

Included in draft

Mr. Hegde has included these amendments in the draft of the Karnataka Lok Ayukta (Amendment) Ordinance attached to his letter. The amendments, Mr. Hegde said, were necessary for effectively attaining the objectives of the Act and also strengthening the hands of the Lok Ayukta.

Printer friendly page  
Send this article to Friends by E-Mail