Chennai: The Tamil Nadu government on Monday tabled a bill in the Assembly to facilitate the constitution of Lokayukta to inquire into corruption allegations against public servants, a day ahead of the Supreme Court deadline to establish the state-level anti-corruption ombudsman.
Tamil Nadu is among the 12 states pulled up by the Supreme Court in a case filed by BJP leader Ashwini Kumar Upadhyay on lack of progress in setting up of the Lokayukta. In April this year, the court rejected the state’s response for not having moved ahead with the bill, and directed it to set up the Lokayukta before July 10.
The bill - the Tamil Nadu Lokayukta Act, 2018 - was introduced by personnel and administrative reforms & fisheries minister D. Jayakumar,in the Assembly on the last day of the current Budget session. After being adopted by the Assembly, it would pave way for the creation of the body that would look into graft charges against government servants. Its jurisdiction would cover serving and former ministers, sitting or ex-MLAs and state government employees.
Introducing the bill, Mr Jayakumar said the Centre had earlier enacted the Lokpal and Lokayukta Act, 2013 and it “provides” that every state has to establish the Lokayukta.
Accordingly, the government has decided to establish the Lokayukta for the state of Tamil Nadu to inquire into allegations of corruption against public servants, he said.
The Lokayukta will comprise a chairperson, who is or has been a judge of the high court or a person with 25 years experience in anti-corruption policy, public administrations, vigilance, finance law, besides four members, out of whom two would be judicial members. The chairperson and members would be appointed by a selection committee consisting of the Chief Minister, Assembly speaker and the leader of the Opposition.
Meanwhile, activists who have been tracking the process have expressed concerns over this composition. “The selection committee consists of theCM, Speaker and leader of Opposition, giving majority to the ruling party. This clearly means the ruling party will put in place their person,” says Jayaram Venkatesh, convenor of Social Pressure Group Arappor Iyakkam.
According to the Bill, the Lokayukta has been endowed with the powers of a civil court; it can summon witnesses, and ask for any document from courts or offices. However, in the course of an inquiry, if the Lokayukta feels an officer could tamper with evidence, or affect the course of investigations, then it can only “recommend” the transfer or suspension of the officer.
The Bill also details procedures on action against an officer or employee of the Lokayukta, should there be need for action. Besides, it provides for punishment against persons filing false complaints, who, upon conviction, may be imprisoned for a term that may extend to one year, or a fine of up to Rs 1 lakh.
