Lokayukta lacks teeth,can’t probe CM

In Karnataka,former chief minister B S Yeddyurappa had to resign after an adverse report from the Lokayukta. In UP,the Lokayukta cannot entertain any complaint against the chief minister.

There are several other important differences. Lokayuktas of Karnataka,Delhi and Madhya Pradesh can take suo motu cognizance of the practices of corruption by public servants,but the UP Lokayukta has to receive a complaint to initiate an inquiry. Also,while the Karnataka Lokayukta has an investigation wing and the MP Lokayukta has the power of superintendence over investigations,the UP Lokayukta has neither.

The Karnataka Lokayukta also has the power to initiate prosecution against any public servant if he is satisfied that the public servant has committed a criminal offence. For this purpose,he need not obtain the sanction of any authority. The UP Lokayukta has no such power.

Nor are the reports of the UP Lokayukta binding on the government. In fact,there are several instances when the state government did not take any action on the recommendations of the Lokayukta. In such cases,the Lokayukta can only send a special report to the governor,which the governor may table in the state Assembly.

The Karnataka Lokayukta can,after an inquiry,report to the governor or the chief minister that a public servant should be removed from office. If this report is not rejected within three months,it is deemed to have been accepted and the public servant is deemed to have vacated office.

Also,the Karnataka Lokayukta may issue a search warrant and authorise any police officer not below the rank of inspector of police to conduct a search and seize the property,document,money or other things found as a result of search. Provisions of the Code of Criminal Procedure apply on the searches and seizures on a Lokayukta warrant and the warrant is deemed to be a warrant issued by a court under Section 93 of the Code of Criminal Procedure,1973. The UP Lokayukta has no such powers.

UP Lokayukta Justice N K Mehrotra admitted that he is “not so strong as MP and Karnataka Lokayukta so far as statutory powers are concerned”,but added that “within the powers conferred to me,I am more effective than the MP and Karnataka Lokayukta”.

The annual report of the UP Lokayukta office for 2010 mentions nine recommendations given to the UP government from 2006 to 2010 regarding allegations against ministers and legislators,but the Lokayukta office has received action taken reports of only two cases,where recommendation were partially implemented. Seven recommendations were pending with the government and no action-taken report was sent.

A large number of cases were regarding corruption in municipal corporations. There were 14 reports against presidents of municipal corporations or nagar panchayats. According to the report,11 of these were pending with the government,two were partly implemented,while one report was fully implemented.