Kerala Lok Ayukta 3.11

Salient Features of the Kerala Lok Ayukta Act, 1999 and relevance of the institution
(Published by Kondoor Law Foundation, Bangalore-1)
Kerala Lok Ayukta is a statutory forum, brought into being with intent to investigate complaints involving allegations and maladministration against Public Servants and for redressal of grievances. This institution is effectively functioning with its Head Office at Legislative Assembly Complex, Palayam, Thiruvananthapuram and conducting regular camp sittings at Kochi, Kozhikode and Kannur.
Presently Kerala Lok Ayukta consists of the Lok Ayukta and two Upa Lok Ayuktas. The Kerala Lok Ayukta Act provides that the Lok Ayukta must be a person, who held the office of Judge of Supreme Court or that of the Chief Justice of High Court and Upa Lok Ayukta must be a person, who holds or held office of a Judge of High Court. Lok Ayukta is given the same status of Chief Justice of the High Court in the matter of salary and allowances whereas the two Upa Lok Ayuktas were having the status of High Court Judges, in the matter.
Two Division Benches and twosingle Benches are conducting seperate sittings. The Chief Minister, Ministers, Members of Legislative Assembly, Government Employees and Employees of other Government Institutions, Universities, Government Companies and all Government controlled Institutions registered under the provisions of the Travancore-Cochin Literary, Scientific and Charitable Societies Act, 1955 and the office bearers of the trade unions, political parties, Manager/Correspondent of aided schools and colleges and employees and Board of Directors of the Co-operative societies are defined as Public Servants and coming under the jurisdiction of the Lok Ayukta. The Lok Ayukta has jurisdiction to investigate allegations of corruption and grievances arising out of administrative actions of the said public servants. Any person or Organization can fikle complaint before the Lok Ayukta/Upa Lok Ayukta in the matter of abuse of power, maladministration, corruption or nepotism and a person aggrieved by unreasonable, unjust or discriminatory action of a public servant can also approach the lok Ayukta for redressal of his grievances.
A person retired from Government Service or other institutions acan approach the Lok Ayukta in the event of delay or denial of his service or retirement benefits.
Ordinarily a complaint has to be filed seeking investigation in a matter, which took place within a period of 5 years. But the Lok Ayukta/Upa Lok Ayukta has jurisdiction to condone delay, inrespect of any acts occured prior to 5 years, inthe event there exist sufficient reason for the same.
Lok Ayukta/Upa Lok Ayukta has power to grant interim stay and interim injunction, on admission of a complaint.
The procedure for filing a complaint before the Lok Ayukta is simple. A complaint can be filed in the prescribed form available in the website, along with an affidavit, affirming correctness of the complaint.
A special highlight of the Act is section 24(2), which provides opportunity for a person to approach Lok Ayukta, even in cases where remedies of appeal or revision is available to him, in the same matter, under provisions of any other law.
Although one cannot file a complaint for redressal of a grievance in respect of a matter covered under Sn.8(1) of the Act, anyone can seek investigation on an allegation of corruption, maladministration or nepotism, in respect of the same matters covered by the second schedule of the Act.
The Lok Ayukta/Upa Lok Ayukta shall issue notice for appearance of respondents, if it is found, on preliminary inquiry that there is a prima facie case. While issuing such a notice to the respondents the Lok Ayukta shall have power to issue any interim order, in aid of the investigation.
Complaints against Chief Minister, Ministers, MLAs, Govt Secretaries, IAS officials in state service, state level office bearers of political Parties shall be considered by the Division Bench consisting of the lok Ayukta and the Upa Lok Ayukta, whereas, complaints against all other Public Servants can be entertained by Upa lok Ayuktas.
Kerala Lok Ayukta Act envisages conduct of investigation based on documents and as part of the investigation an enquiry can also be conducted in the form of a trial. Lok Ayukta possess powers of Civil Court in respect of such enquiry. The Act also vests power with the lok Ayukta to order for search and seizure of any property, document or thing relevant for any enquiry or proceedings and the search and seizure will be conducted by a Police Officer, not below the rank of a Dy.SP.
After conclusion of the investigation, Lok Ayukta/Upa Lok Ayukta shall forward its findings and recommendations to the appropriate Competent Authorities as defined in the Act. The Competent Authority concerned, should intimate the action taken in respect of the findings and recommendations of Lok Ayukta/Upa Lok Ayukta, within 3 months. In the event the Actions Taken are not satisfactory, Lok Ayukta/Upa Lok Ayukta shall have the power to make a special report, upon the case to the Governor and the Governor shall cause the special request to be laid before the Legislative Assembly, with an explanatory memorandum.
The most effective, rather stringent power of Lok Ayukta is contained in Sn.14 of the Act, which empower the lok Ayukta/Upa Lok Ayukta to declare that a public servant is not entitled to continue to hold the post held by him, on substantiation of the allegations. The declaration so made by the Lok Ayukta is binding on the competent authority and such declaration shall come into force immediately on acceptance of the report by the competent authority.
The Lok Ayukta Act vests Lok Ayukta/Upa Lok Ayuktas with powers equivalent to the Judges of the High Court, to initiate contempt of court proceddings, suo motu or on a complaint.
The lok Ayukta has a separate wing of police officials under an Inspector General of police, for assissting investigations.
The Act also obliges public servants except Government Officials to submit their assets and liabilities on or before 30th June of every two years, before the respective competent authorities under the Act. The competent authority shall inform the Lok Ayukta, on the failure of a public servant, in the matter of submitting the biennial statement and in the event the public servant fail to furnish the statement, within a period of two months, after such intimation, Lok Ayukta can publish the name and details of the public servants in 3 dailies.
The institution of Lok Ayukta will be further strengthened on amendment of its provisions in tune with the Lokpal-Lok Ayukta Act passed by Parliament recently.