Delhi Lokayukta

Delhi Lokayukta is a high level statutory functionary formed by the Government of Delhi under the Delhi Lokayukta and Upa-Lokayuktas Act, 1995. The position acts as the parliamentary ombudsman for the Union Territory of Delhi. The act is aimed to increase efficiency in the standard of services in Public offices through immediate investigation of grievances against ministers, legislators and other public servants and officials serving in Government offices, by any member of public through their timely investigation .[2] The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year.[3][4] A bench of Lokayukta should consist of judicial and non-judicial members.[5]

Delhi Lokayukta
Agency overview
Formed1997
Jurisdictional structure
Federal agencyIndia
Operations jurisdictionIndia
General nature
Operational structure
HeadquartersOffice of the Lokayukta, Government Of NCT Of Delhi, 'G' Block, Vikas Bhawan, I.P. Estates, New Delhi-110002, 2337-0865, 2337-0561, 2337-0073, Fax: 2337-8155 Telefax:2337-0570,
Agency executive

A Lokayukta is appointed by the Governor of a state after consulting the committee consisting of Chief Minister of State, Speaker of its Legislative Assembly, Leader of Opposition in Legislature, Chairman of Legislative Council and Leader of Opposition in Legislative Council. Once appointed, a Lokayukta cannot be removed from office except in cases of misbehaviour or any other reasons specified in the Act and the term of service will be for five years.

History and administration

The Delhi Lokayukta and Uplokayukta Act,1995 became operational from 22 September 1997.[6] As per the Act, Chief Justice of the Delhi High Court and the Leader of Opposition in the Legislative Assembly are consulted by Lieutenant Governor of Delhi while selecting and appointing a person as Lokayukta for the Union Territory of Delhi. As per the Act, once the office of Lokayukta becomes vacant due to retirement, superannuation or for any other reason of a serving official, a new Lokayukta should be appointed within a period of 6 months.[7] Many state Legislature have adopted the Act so that in addition to only serving chief Justices or sitting judges even retired Chief Justices or retired Justices can be considered as eligible for appointment for the position as the State Lokayukta.[8]

Oath or affirmation

"I, <name>, having been appointed Lokayukta (or Upa-Lokayukta) do swear in the name of God (or solemnly affirm) that I will bear faith and allegiance to the Constitution of India as by law established and I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will."

— First Schedule, The Delhi Lokayukta and Upa-Lokayuktas Act, 1995

Powers

Lokayukta has independent powers to investigate and prosecute any government official or public servants who are covered by the act and against whom complaint is received for abusing his authority for self-interest or causes hurt to anyone or any action done intentionally or following corrupt practices negatively impacting the state or individual. Once complaint is received on allegations of corruption, wrong use of authority and misdeeds by any of the public functionaries who may include Chief Minister, Ministers under him and members of the Legislature Assembly, Lokayukta has the power to recommend enquiry to necessary authorities and prosecute if proven. However, members like civil servants, Central Government officers, members of the legal community, police and officials of the Delhi Development Authority are excluded from this Act.[2]

Appointment and tenure

In year 2015, Reva Khetrapal was appointed as a new Lokayukta for a term of five years.[9] She was appointed two years after the previous lokayukta, Justice Manmohan Sarin, retired after serving a period of five years. Following is the list of past Lokayukta's of Delhi:[6]

IndexNameHolding charge fromHolding charge to
1 Justice Shri R.N.Aggarwal  01.12.1997  01.12.2002 
2 Justice Shri Mohd. Shamim  12.03.2003  12.03.2008
3 Justice Sh. Manmohan Sarin 06.11.2008 06.11.2013
4 Justice Ms Reva Khetrapal 17.12.2015

Notable cases

Following are some of the important orders passed by the Institution:

1. In one of the cases on complaints relating to release of stipends for old age people under a scheme during the year 2018, which had allegedly resulted in a notable loss to the state Government, the institution had ordered for registering an FIR against a North Delhi Municipal Corporation (NDMC) councillor.[10]

2. In year 2019 on a complaint received by it, the Lokayukta had asked the state Assembly to issue notices to all MLA's to make annual declaration of their assets and liabilities.[11]

3. In one of its earlier orders, the institution gave a clean chit to ex Delhi Chief Minister Ms.Sheila Dikshit on a complaint relating to a case for granting of government grants to a private firm in noncompliance of regulations and resulting in undue favours.[12]

References
  1. "Department of Lokayukta". lokayukta.delhigovt.nic.in. Retrieved 31 August 2021.
  2. "What is a Lokayukta?". NDTV.com. 12 July 2010. Retrieved 31 August 2021.
  3. Seetharaman, G. (10 November 2018). "Delay in appointment of Lokpal & Lokayukta: Who will bell the graft?". The Economic Times. Retrieved 30 August 2021.
  4. Bureau, Our (18 December 2013). "Lok Sabha passes landmark Lokpal Bill". @businessline. Retrieved 30 August 2021.
  5. "Only four states have appointed judicial, non-judicial members of Lokayukta, says report". The Economic Times. 8 December 2020. Retrieved 31 August 2021.
  6. "Department of Lokayukta". lokayukta.delhigovt.nic.in. Retrieved 30 August 2021.
  7. "Ensure Lokayukta appointment is made as per rules, BJP urges HC Chief Justice". Tribuneindia News Service. 7 August 2021. Retrieved 30 August 2021.
  8. "Andhra Pradesh Assembly Passes Judicial Commission Bill to Bring Transparency in Govt Tenders". News18. 26 July 2019. Retrieved 31 August 2021.
  9. "Reva Khetrapal is Delhi's new Lokayukta". Hindustan Times. 20 October 2015. Retrieved 30 August 2021.
  10. "Delhi HC declines to stay Lokayukta order for FIR against MCD councillor over old age stipends | Delhi News - Times of India". The Times of India. 2 April 2021. Retrieved 30 August 2021.
  11. Nath, Damini (18 January 2019). "Lokayukta, Delhi Assembly at loggerheads over notices to MLAs". The Hindu. Retrieved 30 August 2021.
  12. "Advertisement Contract: Delhi Lokayukta Gives Clean Chit to Sheila". www.outlookindia.com. 1 August 2016. Retrieved 30 August 2021.
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