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This is an archive article published on February 29, 2012

Lokayukta lesson to UP govt on how Act defines ones actions

Mehrotra explained how the Act defines action.

A debate has kicked off between Uttar Pradeshs government and its Lokayukta on how the former interprets the latters role. Lokayukta N K Mehrotra had recommended action against PWD Minister Naseemuddin Siddiqui for alleged corruption,and the government wrote back that this is not legally possible.

On Tuesday,Mehrotra said the governments interpretation of the Lokayukta & Up-Lokayukta Act would make it impossible to probe corruption charges against many high functionaries.

The cabinet secretary wrote to the Lokayukta on Monday that the allegations against Siddiqui were not related to any action arising out of any decision taken by him as a minister,hence action cannot be initiated against him.

Mehrotra explained how the Act defines action. It means any action taken by way of a decision,recommendation or finding or in any other manner,and includes failure to act,he said. It is not necessary that only a public servants action related to a particular department can be investigated by the Lokayukta. He can investigate any action that involves corruption or lack of integrity, he said.

The government had argued that cases of a public servants disproportionate assets cannot be investigated by the Lokayukta. Mehrotra said that under the Act,public servants who can be probed by the Lokayukta include simply minister. This does not mean the minister of a particular department,as the government has argued,he said.

Before the standoff,the government did follow the Lokayuktas recommendations and acted on ministers for various actions,whether these were within and outside their ministerial briefs.

This month,the government ordered a vigilance inquiry against former family welfare minister Babu Singh Kushwaha after the Lokayukta held him prima facie guilty of illegally awarding mining contracts,and laundering money.

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In October,after the Lokayukta held secondary education minister Rangnath Mishra prima facie guilty of owning disproportionate assets,he was removed. The government also sacked then labour minister Badshah Singh for alleged land grabbing. Last month,small-scale industries minister Chandradev Ram Yadav was removed for drawing the additional salary of a school headmaster.

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