It is customary to talk about corruption in public life. But the common man does not realize that he can also play important role to stop the corruption. Alert and vigilant citizens who take interest in public affairs and speak up against any act of corruption or maladministration contributes towards making governance, clean and efficient. For redressal of individual grievances, the government has taken various initiatives including giving right of information to the public. In Jharkhand, to deal with such complaints or grievances institution of Lokayukta has been set up.
Since many people may not know about this institution. Therefore here are some glimpses about the role and function of the Lokayukta.
Q 1. What is Lokayukta?
Ans. Lokayukta or "Ombudsman" is protector of the legal interest of citizens. This institution is intended to eradicate the corruption, favoritism, nepotism, abuse/misuse of power and to maintain integrity, transparency and improve efficiency in public administration.
Q 2. Whether Jharkhand has a Lokayukta?
Ans. Yes, the office of Lokayukta has been operational in the state of Jharkhand since 04.12.2004. The Institution of the Lokayukta was set up under the Jharkhand Lokayukta Act, 2001.
Q 3. Who is the present Lokayukta?
Ans. The Present Lokayukta of the state of Jharkhand is Hon'ble Mr. Justice Amareshwar Sahay assumed charge on 3rd of January, 2011.
Q 4. Who can lodge a complaint?
Ans. Any person aggrieved may file written complaint before Lokayukta Jharkhand for his Grievance against any action of any Public Servant of Jharkhand, if such action indicates maladministration, undue favour or corruption and thereby caused injustice or undue hardship to him.
Any person other than a public servant may file written complaint before Lokayukta Jharkhand making Allegation against any action of any Public Servant of Jharkhand if such action indicates maladministration, undue favour or corruption and thereby caused injustice or undue hardship to any one.
Q 5. What is called Grievance?
Ans. According to Section 2 (d), of the Act, "Grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of maladministration;
Q 6. What is called Allegation?
Ans. According to Section 2(b), of the Act, "Allegation" in relation to a public servant means any affirmation that such public servant-
(i) has abused his position as such to obtain any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person,
(ii) was actuated in the discharge of the functions as such public servant by personal interest or improper, corrupt motives, or
(iii) is guilty of corruption or lack of integrity in his capacity as such public servant.
Q 7. Who is a Public Servant?
Ans. Public servant includes Minister, Secretary or Officer of Jharkhand as defined under the Act. It also includes any notified Local Authority, Corporation, and Govt. Company or Registered Society of the Jharkhand and their head & deputy.
Q 8. How the complaint can be filed?
Ans. The complaint can be filed personally or through registered post.
Q 9. What are the basic requirements & procedure to file a complaint?
Ans. Complaint should be written & addressed to the Lokayukta Jharkhand.
- Every complaint should be supported by the available material and should clearly project the grievance or the allegation and the public servant against whom it is directed.
- In the petition Complainant should disclose the fact that whether any suit/case or proceedings regarding the instant matter has been initiated in the court of Law, which is still pending or disposed off.
- Each complaint should be supported with an affidavit of the complainant duly attested by an Oath Commissioner/Notary Public or Magistrate 1st Class.
- Court fee stamp duty of Rs. 4.70 is payable with each complaint. But it can be exempted by the Lokayukta in appropriate case.
- Complainant should submit all the relevant documents in support of his complaints.
- Contents of the complaint must be specific and clear.
- Particular of the complainant:
Name of the petitioner/complainant
E-mail, if any:
Public servant/Department against whom/which the complaint is to be directed?
Name of the public servant and department:
Designation of the public servant:
Present Address of the public servant:
Q 10. Is there any period of limitation prescribed for filing a complaint?
Ans. Yes. A complaint for Grievance should be file within 12 months from date of knowledge of the impugned action. Whereas a petition with Allegation should be filed within 5 years from date of the impugned action.
Q 11. When a complaint is not entitled to be entertained?
Ans. If it relates with the appointment, termination, salary or service condition etc. of the public servant or otherwise specifically barred; or
- the complainant has or had any remedy by way of proceedings before any tribunal or court of law;
Provided that the Lokayukta may conduct an investigation notwithstanding that the complainant had or has such a remedy if he is satisfied that such person could not or cannot for sufficient cause have recourse to such remedy. or
- The Supreme Court or the High Court has issued any direction, order or writ under Article 32 of Article 226 of the Constitution of India in respect of the matter mentioned in the complaint under investigation.
Q12. Can the Lokayukta entertain complaints/case against private person, firm or organisation?
Ans. No.This forum is not meant for resolving private disputes.
Q13. Is there a need for engaging a counsel / Advocate in filing a complaint?
Ans. There is no need to engage a counsel if the complainant is fully aware and able to explain himself/herself the facts and contents of the case. However the complainant has liberty to avail the service of the counsel/Advocate.
Q14. Whether the appearance of the complainant is essential at the time of filing petition and thereafter?
Ans. Any person may send his complaints through post. For filing of a case personal appearance is not required. But later on at the stage of hearing appearance of the complainant may call for if needed.
Q15. Whether the name and identification of the complainant is disclosed?
Ans. In appropriate cases, the identification of the complainant and any information obtained by the Lokayukta or members of his staffs during investigation or proceeding is kept confidential and is not disclosed.
Q16. What is the Address and FAX No. of the office?
Ans. Office of the Lokayukta Jharkhand
Old Jail Road, Ranchi-834001
FAX No. 0651-2563075