Decade after law enacted, Lokpal forms inquiry wing to probe graft cases against public servants

New Delhi: Over a decade after a law governing it was passed, anti-corruption ombudsman Lokpal has constituted an inquiry wing for conducting preliminary probe into graft-related offences committed by public servants.

The Lokpal and Lokayuktas Act 2013 (Act of 2013) came into force on January 1, 2014, when it received assent of the President. However, it began functioning only on March 27, 2019, following the appointment of its chairperson and members.

To discharge its statutory functions, Section 11 of the Act obligates the Lokpal to constitute an inquiry wing for the purpose of conducting preliminary inquiry into any offence punishable under the Prevention of Corruption Act, 1988, alleged to have been committed by the specified public servants and functionaries.

The full bench of Lokpal, in its meeting held on August 30, 2024, has decided to constitute an inquiry wing of the Lokpal, according to an official order.

Lokpal chairperson has been authorised to commence the selection process for appointment of specified number of suitable persons as officers and staff required to provide logistical assistance in the inquiry wing, it said.

"Accordingly, in furtherance to the decision dated 30.08.2024 of the full bench of Lokpal of India, in exercise of administrative and financial power conferred as per Section 34 of the Lokpal and Lokayuktas Act 2013, an inquiry wing in terms of Sections 11 of the Act of 2013 is hereby constituted with immediate effect," the Lokpal's order, dated September 5 and issued by its chairperson Justice A M Khanwilkar, stated.

The full bench of the Lokpal in its meeting on August 6, 2024, had approved "organogram" providing for the staffing pattern and specified number of suitable officers and staff including for the inquiry wing, making it a part of the judicial wing, the order said.

According to the organogram, there will be a Director of Inquiry under the Lokpal chairperson. The director will be assisted by three Superintendents of Police (SPs) -- SP (general), SP (economic and banking)  and SP (cyber). Each SP will be further assisted by inquiry officers and other staff.

The law provides "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".

The Lokpal Act also has provision to constitute a prosecution wing headed by the "Director of Prosecution" for the purpose of prosecution of public servants, which is yet to be constituted.

"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," it said.

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, the law says.

At present, the Lokpal has a vacancy of two members -- one each judicial and a non-judicial. The Lokpal headed by a chairperson can have eight members -- four judicial and the rest non-judicial.

Currently, there are three judicial and as many non-judicial members working under the anti-corruption ombudsman.

In reply to an Right to Information (RTI) query filed by this journalist, the Lokpal had last month said "Presently, the post of Director of Inquiry and Director of Prosecution is vacant".

Responding to another RTI application in 2021, the Lokpal had said it had written to the central government for appointment of Director of Inquiry and Director of Prosecution.

According to the latest data, as of July 2024, there were 82 graft-related complaints (these included 53 carried forward from the previous month). Of these, 32 were disposed and 52 were pending, it said.

Of the 31 complaints registered against public servants in July, one was against a Member of Parliament, five against Group A, B, C and D officials of central government and ten against chairperson/member/officer/employee in any body/board/corporation/ authority/company/society/trust/autonomous body (established by an Act of Parliament or wholly or partially financed by the central government or controlled by it), according to the Lokpal data.

There were 14 complaints against state government officials and officials of other bodies at state level and one complaint against "others" category, it added.