VISITS of Hon'ble LOKAYUKTA
The Haryana lokayukta Act, 2002 was approved by the President of
India on 6th January 2002 and came into force on 27th January, 2003 by
State Government Notification in the official Gazette. On 18th
January, 2011 Honble Justice Pritam Pal (Former Judge of Punjab &
Haryana High Court) was sworn in by His Excellency the Governor of Haryana, as a new Lokayukta which means a person appointed as a Lokayukta under section 3.
Under this Act, only the person, who himself is aggrieved from any
public servant, has a right to knock the door of this institution. In
case of complaints relating to the allegation of corruption, abuse or
misuse of official position against a public servant, any person could
file the complaint and in case of complaints related to the personal
grievance of person concerned, the aggrieved person would have to file
the same. In case the aggrieved person was dead, his legal
representative could on his behalf, file such a complaint before the
Lokayukta. This also means affirmation of allegation against a public
servant who has misused his power to obtain favour or cause undue harm
to any other person actuated for personal interest, improper or
corrupt motives, guilty of corruption and dishonest, who has
disproportionate property, pecuniary resources in his possession, by
any member of his family or by some other persons on his behalf.
Any person files his complaint to the Lokayukta by writing a letter,
enclosure of mandatory affidavit, Non-judicial stamp papers worth Rs.
1000 as fee, complaint being devoid of signature of complaint and
other relevant papers of the basis of which complaint is supported.
Those who are unable to deposit requisite fee of Rs. 1000 could make a
request to the Lokayukta for remission of fee which could be accepted
by the Lokayukta at his discretion. Such persons would have to attach
with their application necessary documents, such as a copy of BPL
category ration card.
A person lodged in custody, jail, or any asylum or any other
custodial place, might also submit his complaint to Lokayukta by
writing a letter to him. In such case it was the duty of the concerned
officer of Police, Jail and asylum to ensure the delivery of such
letter to the Lokayukta unopened and without any delay. In case of
satisfaction, such latter shall be treated as a complaint made in
accordance with the provision of form & affidavit or whichever is
required. A person who files a false complaint willfully or
maliciously might be sentenced to three years rigorous imprisonment or
a fine Rs-10,000 each or both.
The Lokayukta may inquire into any act or conduct of any person
other than a public servant in so far as he considers it necessary so
to do for the purpose of his enquiry into any allegation of misconduct
against a public servant provided that the Lokayukta shall give such a
person reasonable opportunity of being heard and to produce evidence
in his defence.
The Lokayukta on receipt of a complaint may before proceeding to
investigate such complaint or case, make such preliminary inquiry or
direct any other person to make such preliminary inquiry as he deems
fit for ascertaining whether there exists reasonable ground for
conducting the investigation. If on such preliminary inquiry, he finds
that there exists no such ground he shall record a finding to that
effect and thereupon the matter shall be closed and the complainant
shall be informed accordingly. The Lokayukta shall devise his own
procedure for conducting inquiry or investigation but in so doing
shall ensure that the principles of natural justice are satisfied.
The Lokayukta has to complete the inquiry within one year. Every
inquiry under the Act shall, unless the Lokayukta for reasons to be
recorded in writing determines otherwise, be conducted in camera.
The Lokayukta has the power to summon record of the state
government, local authority, corporation, government company, society,
university, any college affiliated to or constituent of a university
or from any other persons in connection with any inquiry or
investigation against public servant undertaken by him.
Where in consequence of information in his possession or after such
inquiry as he think necessary, the Lokayukta may issue a search
warrant and he or any person authorized by him, after inquiry in
respect of a complaint the Lokayukta is satisfied that no allegation
or grievance has been substantiated, he shall close the case and
intimate the competent authority concerned accordingly. The Lokayukta
may after receipt of a complaint, issue such interim direction as the
case may warrant, so as to avoid grave injustice.
Any Information, obtained by the Lokayukta or members of his staff
in the course of, or for the purpose of, any inquiry or investigation
under this Act and any evidence recorded or collected in connection
with such information shall be treated as confidential and
notwithstanding anything contained in the Evidence Act, 1872, no court
shall be entitled to compel the Lokayukta or any public servant to
give evidence relating to such information or produce the evidence so
recorded or collected.
No suit, prosecution or other legal proceedings shall lie against
the Lokayukta or against any officer or employee, agency or person
acting on his behalf in respect of anything which is in good faith
done or intended to be done under this Act.
Where the Lokayukta decides to inquire into a complaint against a
public servant, he may ascertain from the state government whether any
complaint containing substantially similar allegation against the said
public servant is under investigation and if so, he may call for the
All matters pending before the Lokayukta before the repeal of the
Haryana Act No. 21 of 1998 shall be inquired into by the Lokayukta
under this Act.
To create awareness about the Haryana Lokayukta Act and the rules
framed there under Honble Lokayukta Justice Pritam Pal visited ten districts of the state. He also held meeting with all officers of the
Districts, Media persons, office Bearers/ members of the Zila
Parishads, Block Samities, Local Bodies and Municipal Corporation,
office bearers of districts Bar Associations & NGOs to have
interaction and share his views with regard to the provisions of
Haryana Lokayukta Act, 2002 and also discussed over the implementation
procedure of the Act. During the period of last seven months Lokayukta
office has received 561 complaints. Out of these complaints Lokayukta
has solved 388 and 347 complaints are pending as on 31.08.2011.
News clippings of Districts