Saturday, 13 December 2014

Just 1% cases recommended by Lokayukta to govt for action

In the past 15 years the Maharashtra's Lokayukta & Dy Lokayukta received a total of 2,06,269 pending and new cases out which it cleared 65.32% cases. The cases recommended for action in these stands at a poor 1% only. Out of the 2034 recommended cases to the Govt,  the Governor had to be  submitted with SPECIAL REPORT in 600 cases due to inaction of the govt in those cases.This information has been obtained by RTI activist Anil Galgali. Further it was informed that, in the past 15 years almost 127 complaints were received against Ministers. Out of 127 the Lokayukta found substance in 4 cases against Ministers like Chaggan Bhujbal, Nawab Mallik, Kripashankar Singh, Syed Ahmed & Dr Sulekha Kumbhare.


RTI Activist Anil Galgali had filed a  RTI query, to the Lokayukta & Dy Lokayukta office seeking information about total cases received by it in the past 15 years and the action taken on the complaints. Public Information Officer & Asst Registrar Shri V K Borade, in a reply to the query informed Galgali that, Since year 2000 to October 2014, in these 15 years the Lokayukta received a total of 2,06,269 complaints which included the initially pending cases received prior to 2000 and the new cases received during the period, out of which 1,34,749 cases were disposed by the Lokayukta & the Dy Lokayukta and 2034 cases were referred to the govt for action under Section 12(1) & (3) of the Lokayukta & Dy Lokayukta Act 1971. Out of the 2034 cases referred to the govt, 600 cases were not acted upon by the govt. Special report of such 600 cases were sent to the Governor by the Lokayukta. The Lokayukta & Dy Lokayukta received maximum complaints pertaining to the Revenue and Forests dept.


In the past 15 years the Lokayukta received 127 complaints against Ministers, out of which it found substance in 4 cases pertaining to then Ministers like Chaggan Bhujbal, Nawab Mallik, Kripashankar Singh, Syed Ahmed & Dr Sulekha Kumbhare. In case of Nawab Mallik, then Minister of State for Housing, the Lokayukta recommended his removal from the Ministry on 08/02/2002. In the case Nawab Mallik replied that the action taken by him was with good intention and he had not interfered in the directions of the court. But when no action was taken on him by the Govt, the Lokayukta filed a SPECIAL REPORT to the Governor on 20/05/2002. In the cases of the other four ministers namely Chaggan Bhujbal, Kripashankar Singh, Syed Ahmed & Sulekha Kumbhare, the CM's Office issued appropriate directives to them. Dr Sulekha Kumbhare, the then MOS for Water Supply & sanitation was found guilty of misusing her position as minister and using her ministerial letter heads for personal use in her  dispute with complainant in the case against her, Shekhar Aalone to unnecessarily harass him. The then Dy CM Chaggan Bhujbal was directed to maintain high administrative standards and hence forward while issuing any administrative order, he should also put down the reasoning for the order in short. The then housing minister Dr Syed Ahmed was pulled up for issuing verbal orders and was told by CMO to issue orders in writing on files put up before him. The then MOS (Home) Kripashankar Singh who also was Guardian Minister for Mumbai suburbs was warned not to misuse his position as Guardian Minister and not to interfere in other departments.


RTI Activist Anil Galgali, in a letter addressed to CM Devendra Fadnavis, has demanded that, due action be taken on the 2034 cases referred by the Lokayukta. He also demanded that the Lokayukata & the Dy Lokayukta Act 1971 be amended and the Lokayukta be given the necessary powers to directly take action against those found guilty in cases before it. 

 Only Powers to Investigate

The Lokayukta in Maharashtra has powers to investigate cases against Ministers, Officers & employees and it can only refer action to govt under section 12(1) & (3). Also under Section 12(5) it can file a SPECIAL REPORT with the Governor. The Chief Minister does not come under the purview of the Lokayukta & Dy Lokayukta Act 1971. It is important to note that the Lokayukta has status similar to a Civil Court and its investigations and actions are understood to be in accordance to section 193 of IPC Act. In the course of the enactment of Lokpal Bill, the suggestions and objection were sought by the Central Govt, at that time Anil Galgali had demanded that the Lokayukta be given powers to investigate cases against the Chief Minister and also powers be given to investigate and directly take action against Ministers, Officers and Employees.

The Post of Lokayukta & Dy Lokayukta are vacant at the movement

For the first time in the history of Maharashtra and the enactment of the Lokayukta & Dy Lokayukta Act 1971, both the posts are lying vacant.  In the past whenever the term of the Lokayukta used to end, atleast the Dy Lokayukta used to be in office. the previous term of Lokayukta ended on 01/07/2014, when the incumbent Justice Purshottam B Gaikwad's term ended, similarly the previous Dy Lokyukta Jhonny Joseph's term ended on 30/11/2014. It is sad to note here that, the Govt has not yet started procedure for  selection of the next Lokayukta & the Dy Lokayukta.

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