Lokpal Writes To Centre For Appointment Of Directors Of Inquiry, Prosecution

Anti-corruption ombudsman Lokpal has written to the Central government for the appointment of the directors of inquiry and prosecution, two top personnel for looking into complaints of corruption and processing the prosecution of guilty public servants, according to an RTI reply.

The Lokpal, the apex body to inquire and investigate graft complaints against public functionaries, came into being with the appointment of its chairperson and members in March 2019.

"We have written to the government of India for appointment of Director Inquiry and Director Prosecution," the Lokpal said in a reply to the RTI application filed by a PTI journalist.

The anti-corruption ombudsman was asked to provide details on the appointment of the Director of Inquiry and the Director of Prosecution.

The Lokpal and Lokayuktas Act, 2013 says that "there shall be a Director of Inquiry and a Director of Prosecution not below the rank of Additional Secretary to the Government of India or equivalent, who shall be appointed by the chairperson from a panel of names sent by the central government."

Anti-corruption activist Ajay Dubey questioned the delay in the the appointments.

"There has always been delay in various matters related to Lokpal. It has been more than two years since Lokpal came into being with the appointment of its chairperson and members."

"It is a matter of great concern that the Directors of Inquiry and Prosecution have not been appointed. The government must ensure early appointments of these two crucial officers to ensure corrupt gets punished timely," he said.

According to the Act, the Lokpal shall, by a notification, constitute a prosecution wing headed by the Director of Prosecution for the purpose of prosecution of guilty public servants.

"Provided that till such time the prosecution wing is constituted by the Lokpal, the central government shall make available such number of officers and other staff from its ministries or departments, as may be required by the Lokpal, for conducting prosecution under this Act," the Act says.

The Director of Prosecution shall, after having been so directed by the Lokpal, file a case in accordance with the findings of investigation report, before the special court and take all necessary steps in respect of the prosecution of public servants in relation to any offence punishable under the Prevention of Corruption Act, 1988, says the Lokpal Act.

The Lokpal shall also constitute an Inquiry Wing headed by the Director of Inquiry for the purpose of conducting preliminary inquiry into any offence alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, 1988, according to the law.

"Provided that till such time the Inquiry Wing is constituted by the Lokpal, the central government shall make available such number of officers and other staff from its ministries or departments, as may be required by the Lokpal, for conducting preliminary inquiries under this Act," it said.

As many as 110 complaints, including four against Members of Parliament, were received by the Lokpal during 2020-21, an over 92 per cent decline from 1,427 in 2019-20.

President Ram Nath Kovind had on March 23, 2019 administered the oath of office to Justice Pinaki Chandra Ghose as the chairperson of Lokpal.

The Lokpal's eight members -- four judicial and the rest non-judicial -- were administered the oath of office by Justice Ghose on March 27 that year.

At present, the Lokpal has a vacancy of two judicial members.

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