Procedure
Lokayukta Law and Procedure to file Complaint
Lokayukta Laws in India originate from the recommendations made by the Administrative Reforms Commission (A.R.C.) in 1966. The recommendations, inter alia , are as follows :
Tackling corruption: Addressing the growing menace of corruption and misconduct by political leaders and public servants to restore public trust in administrative machinery.
Reddressal of citizens’grievances : Providing the public with an easily accessible, fare and prompt avenue to seek resolution for administrative injustices.
Ensuring impartiality:Removing the investigation of complaints against high-ranking officials from pure political or departmental control, entrusting it to independent, high level judicial authorities.
Promoting the transparent governance : Enhancing the integrity and efficiency of public services through time-bound enquiries and strict accountability.
With a view to implementing the aforesaid recommendations, the West Bengal Lokayukta Act, 2003 was enacted to establish the institution of Lokayukta to investigate the complaints by citizens against public functionaries and public servants in West Bengal alleging corrupt practices by them and for matters directly connected therewith. This Act came into force with effect from 21st May, 2004. Section 63 of the Lokpal and Lokayuktas Act, 2013, says that every State shall establish a body to be known as Lokayukta for the State, if not so established, constituted or appointed, by a law made by the State Legislature, to deal with complaints relating to corruption against certain public functionaries, within a period of one year from the date of commencement of this Act.
The body of Lokayukta established under the West Bengal Lokayukta Act, 2003, started functioning with effect from 18.02.2006 on appointment of the first Hon’ble Lokayukta for the State of West Bengal.
As per the provisions of the West Bengal Lokayukta Act, 2003, a citizen may file complaint with the Lokayukta against any public functionary or public servant on the allegation that such public functionary or public servant, in discharge or purported discharge of his public function has been guilty of corrupt practice which means lack of financial integrity and/or wilful abuse of power for personal gain. A citizen may also file complaint against any public functionary or public servant, if he sustains injustice or undue hardship in consequence of the wilful failure to perform duties duly assigned to him.
After holding preliminary enquiry if the Lokayukta finds that the allegations in the complaint have been substantiated prima facie, the Lokayukta, before making investigation into complaint in full-fledged manner, shall seek approval of the competent authorities.
Following are the public functionaries and the competent authorities :
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Public functionaries |
Competent authorities of public functionaries |
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Chief Minister |
State Legislative Assembly |
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Any Minister |
Chief Minister |
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Any Member of State Legislative Assembly |
Speaker |
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The Pradhan, the Upa-pradhan and the Members of the Gram Panchayat, the Sabhapati, the SahakariSabhapati and the Members of the Panchayat Samiti |
Sabhadhipati, ZillaParishad of the concerned district |
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Sabhapati, SahakariSabhadhipatiand the Members of the ZillaParishad or MahakumaParishad |
Minister-in-Charge, Panchayat & Rural Development, Government of West Bengal |
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The Councillors, the Chairman, the Vice-Chairman and the Members of the Chairman-in-Council, the Mayor, the Deputy Mayor, the Member Mayor-in-Council and the Commissioner of the Municipality or the Municipal Corporation. |
Minister-in-Charge, Department of Municipal Affairs, Government of West Bengal. |
In case of public servants as defined in Section 2(11) of the Act, the State Government is the competent authority.
The Lokayukta shall not investigate any complaint alleging corrupt practices including wilful abuse of power for personal gain, wilful failure to perform duties against any public functionary or public servant, if such complaint is made after the expiry of six months from the date on which the action complained of is alleged to have taken place. Provided that the Lokayukta may, on being satisfied on the facts and circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interest of justice, condone the delay and investigate the complaint.
The Lokayukta shall not, except on a reference by a court of law, investigate any matter which is under adjudication by such court of law.
The State Government may, by order in writing, subject to such conditions and limitations as may be specified in the order, require the Lokayukta to investigate any allegation being an allegation in respect of which a complaint may be made under this Act to the Lokayukta.
After conclusion of the investigation in a complaint in respect of any action under the Act, the Lokayukta is satisfied that such complaint is substantiated, either wholly or partly, he shall send to the competent authority a report in writing, recommending therein his findings and recommendations along with the relevant documents, materials or other evidence.
1. Matters which may be investigated by Lokayukta
Every investigation on any complaint alleging corrupt practices against the public functionaries under this Act shall be initiated by the Lokayukta with the prior approval of the competent authority.
2. Matters not subject to investigation by Lokayukta
(1) The Lokayukta shall not investigate any complaint alleging corrupt practices against any public functionary –
(a) In respect of which a formal and public inquiry has been ordered under the Public Servants(Inquiries) Act, 1850.
(b) In respect of a matter which has been referred to a Commission of Inquiry appointed under the Commissions of Inquiry Act, 1952, for inquiry.
(2) The Lokayukta shall not investigate any complaint alleging corrupt practices against any Public functionary, if such complaint is made after the expiry of six months from the date on which the action complained of is alleged to have taken place:
Provided that the Lokayukta may, on being satisfied on the facts and circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interest of justice, condone the delay and investigate the complaint.
(3) The Lokayukta shall not, except on a reference by a court of law, investigate any matter which is under adjudication by such court of law.
3. Provision relating to complaints
(1) Subject to the provisions of the West Bengal Lokayukta Act, 2003, complaint may be made by any person to the Lokayukta in respect of any action:
Provided that death of the complainant shall not debar, if the Lokayukta who is in seisin of the matter so desires, to proceed with the investigation with such help as he considers necessary.
(2) Every complaint shall be made in such form and shall be accompanied by such affidavits as may be prescribed.