Question

After receiving compliant against following office bearer's Lokayukta, Rajasthan cannot make investigation against
1. Pradhan and Up - pradhan of Panchatay Samities
2. Chairman of the Sthyayi Samiti of Panchatay Samities
3. Sarpanch and Panch
4. Up - pramukh of Zilla Parishad

Answer 1

Correct Answer - Option 3 : Sarpanch and Panch

The correct answer is Sarpanch and Panch.

• There is no complaint against them in this institution: -
  • The Chief Justice or Judge of the High Court or a member of the judicial service as defined in clause (b) of Article 236 of the Constitution,
  • Officers or employees of any court in India.
  • Chief Minister, Rajasthan.
  • Accountant General, Rajasthan.
  • Chairman or member of Rajasthan Public Service Commission.
  • Chief Election Commissioner, Election Commissioner, Regional Commissioner, and Chief Electoral Officer, Rajasthan.
  • Officers and employees of Rajasthan Legislative Secretariat.
  • Complaints are also made against the sarpanch and Panchs and the MLAs, but they cannot be processed against them because they are not under the jurisdiction.
  • Retired public servant. 

 

• Lokayukta:
  • Article 142 of the Constitution to preserve the institutional integrity of the Lokayukta and ensure that a “fit, proper and competent person” occupies the office of the Lokayukta.  
  • Lokayukta is an anti-corruption authority or ombudsman – an official appointed by the government to represent the interests of the public.
  • Most importantly, it investigates allegations of corruption and mal-administration against public servants and is tasked with speedy redressal of public grievances.
  • The Administrative Reforms Commission headed by Late Morarji Desai in 1966 recommended the setting up of the institution of Lokayukta.
  • The Lokpal and Lokayukta Act, 2013, commonly known as The Lokpal Act was passed by the Parliament of India in December 2013.
  • It provides for the appointment of a Lokayukta to investigate and report on allegations or grievances relating to the conduct of public servants.
  • It also called for the establishment of Lokpal at the Centre.
  • The Lokayukta is usually a former High Court Chief Justice or former Supreme Court judge and has a fixed tenure.
• Selection of Lokayukta:
  • The Chief Minister selects a person as the Lokayukta after consultation with the High Court Chief Justice, the Speaker of the Legislative Assembly, the Chairman of the Legislative Council, Leader of Opposition in the Legislative Assembly, and the Leader of Opposition in the Legislative Council.
  • The appointment is then made by the Governor.
  • Once appointed, Lokayukta cannot be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion by the state assembly.