Annualreport2014-15.Pdf
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LOKAY KTA HARYANA CONSOLIDATED ANN AL REPORT FOR THE PERIOD FROM 01.04.2014 TO 31.03.2015. The Ha yana Lokayukta Act, 2002 (he einafte efe ed as the Act) has come into fo ce w.e.f. 1.8.2004. The Lokayukta o ganization has been b ought into existence in Janua y, 2006 with avowed commitment on the pa t of State Gove nment to p ovide with the people of State an efficient t anspa ent and co uption f ee gove nance. The Lokayukta o ganization comes unde the ambit of the Ha yana Lokayukta Act, 2002 and Ha yana Lokayukta (Functions, Powe s, Inqui y and Investigation) Rules, 2008 (he einafte efe eed as the Rules) f amed the e unde . DETAILS OF COMPLAINTS: i) As on 31.03.2014 pending complaints. = 908 ii) F esh complaints eceived f om 01.04.2014 to 31.03.2015 = 438 (List of such complaints may be seen at Annexure –I) iii) Total complaints fo disposal (908 +438) =1346 iv) Complaints disposed of du ing the pe iod unde epo t. = 615 (List of such complaints may be seen at Annexure –II) v) Complaints in which app op iate ecommendations and = 133 suggestions we e made to the Competent Autho ity fo taking action. Out of these complaints action taken epo t eceived only in 20 complaints/matters. (As per Annexure-III) vi) Details of emaining complaints in which epo ts in te ms = 113 of Section 17(2) of the Ha yana Lokayukta Act, 2002 not eceived f om the depa tments conce ned till 31.03.2015. (Annexure –IV) It is now being obse ved that due to awa eness in gene al public about the wo king of this institution the eceipt of complaints is on the inc ease. It is also pointed out that many a times, g ievances of complainants a e ed essed and equi ed necessa y action is taken by the conce ned autho ity du ing the cou se of inqui y and investigation of complaints, in that situation, and in the inte est of justice, such complaints a e disposed of at that stage, without any fu the action at the end of this Institution. The Lokayukta, Ha yana in his annual epo t makes ecommendations/ suggestions on va ious issues on the basis of g ievances eceived against public se vants. Inst uctions/ di ections a e also issued by the Gove nment f om time to time on the basis of ecommendations/obse vations made in the annual epo t. The Section 17(2) of the Ha yana Lokayukta Act, 2002 envisages that the competent autho ity is equi ed to examine the epo ts and intimate this institution within 3 months about the action taken on such epo ts. It has been obse ved that, in most of the complaints action taken epo ts a e not being sent by the depa tments conce ned i.e. within stipulated pe iod as equi ed unde the Act, although even the Chief Sec eta y to Govt. Ha yana issued inst uctions to all the Heads of Depa tments, Divisional Commissione s, Deputy Commissione s and Regist a s of all the Unive sities in Ha yana fo complying with the p ovisions of Section 17(2) of the Act. Section 17(4) of the said Act fu the stipulates that the Gove no shall cause to be laid on the table of State Legislatu e, a consolidated annual epo t within 6 months of its eceipt with an explanato y memo andum indicating the action taken the eon and the easons fo not taking action in a given case. This Act is an Endeavou towa ds p oviding efficient, t anspa ent and co uption f ee administ ation to the public. Va ious steps a e initiated f om time to time fo disposal of complaints and/ fo ed essal of the g ievances. Du ing the pe iod unde epo t, I visited the va ious Dist icts in the State and held meetings with the office s of the Dist icts Administ ation including the ep esentatives of NGOs, Municipal Co po ations/Committees, Membe s of Zila Pa ishad, Block Samities, Media Pe sons and Membe s of Dist ict Ba Associations. They we e acquainted with the va ious p ovisions of the Ha yana Lokayukta Act, 2002 as well as the Ha yana Lokayukta (Functions, Powe s Inqui y and Investigation) Rules, 2008. It is hea tening to point out that my elentless/sustained effo ts to ensu e that the complaints a e dealt with in a fai and judicial manne have bo ne f uit and mo e and mo e people have sta ted availing the emedy p ovided unde the Act. The Section 10(3) of the Ha yana Lokayukta Act, 2002 envisages that any lette w itten to the Lokayukta by a pe son in police custody o in a jail o in any asylum o any othe custodial place, shall be fo wa ded to the Lokayukta unopened and without delay by the police office o the pe son incha ge of such jail, asylum o any othe custodial place. If the Lokayukta is satisfied, that it is necessa y so to do, t eat such lette as a complaint made in acco dance with the p ovisions of sub-Section (2) to meet this equi ement of the Act du ing the yea I inspected numbe of Jails du ing the pe iod unde epo t and hea d the g ievances of jail inmates in pe son and t ied to ed ess thei g ievances by issuing di ections to the competent autho ity. In this Act, the appointment and functions of the Lokayukta have been p ovided fo inqui y and investigation into allegations and g ievances against public se vants and fo matte s connected the ewith. The common man has been given the ight to app oach the Lokayukta by way of filing complaints unde Section 10 and p ojecting g ievances against denial of any ight o act of mal-administ ation o inaction on the pa t of any public se vant. The complaints, which do not fall within the ambit of the Act and not in acco dance with the ules o in which no p ima facie case is made out, a e filed at the p elimina y stage itself afte tho ough sc utiny. Howeve , in espect of complaints in which a p ima facie case is made out, the conce ned public se vant is called upon to give his comments and fu the investigation, if wa anted, then due oppo tunity of hea ing is given to the complainant as well as to the official conce ned. A fo mal o de is, the eafte , passed giving the esult of the inqui y/investigation. Ultimately, unde Section 17 of the Act, ecommendations a e made to the Competent Autho ity fo taking action against the public se vant, if so wa anted, f om the facts and ci cumstances of the case. Section 16 of the Ha yana Lokayukta Act, 2002, also p ovides fo punishment to a pe son who willfully o maliciously makes any false complaint unde the Act. This is to ensu e that no public se vant is maligned o involved in a false complaint. In so fa as the p esent Act, 2002 is conce ned, in my opinion, if some amendments on the patte n of cent al Lokpal and Lokayukta Act, 2013 (No. 1 of 2014) as suggested he einafte a e inco po ated in the Act by the Ha yana Govt. then this Ha yana Lokayukta Act, 2002 can be made mo e effective and st ong to deal with the menace of co uption and g ievances of gene al public. The aim and object of the Lokayukta institution is also to monito the act & conduct and wo king of the public se vants in o de to p omote t anspa ency and accountability in thei functioning fo the establishment of a good gove nance and a fai administ ation. At this place, it is also pointed out that as and when any equest is made fo filling up the vacancies of this institution the same is not taken se iously and still many of them a e lying vacant , and this hampe s the smooth wo king of this institution. It is the efo e, ecommended that steps should be taken to st eamline the ec uitment p ocedu e in Lokayukta O ganization. The p esent system of bo owing the employees on deputation f om othe State Gove nment Depa tments needs to be amended and Lokayukta should be given f ee hand in this espect, like othe Head of Depa tment. In my ea lie Annual Repo t fo the yea s 2011-12, 2012-13 and 2013- 14, I had suggested some amendments to make the Act mo e effective, model and numbe one Act in the count y, but due to hanging fi e of the fate of Lokpal/ Lokayuktas Bill at the Cent e, it was w itten by the Chief Sec eta y to wait fo the final enactment of the afo esaid Bill. Now, the Lokpal and Lokayuktas Act, 2013 (No.1 of 2014) (he einafte efe ed to as the Cent al Act), has been finally enacted.