Powers and Functions of Lokayukta Uttar Pradesh
The object of Lokayukta organization is to initiate inquiries on complaints regarding maladministration and corruption concerning State Public Servant. Any citizen can file complaint to Lokayukta regarding maladministration, misuse of power, corruption, financial irregularities etc. committed by State Public Servant. Only two types of complaints can be entertained
"Grievance" means any claim by a person who sustained injustice or undue hardship as a consequence of maladministration. The complaint may be made within twelve months from the date on which the action complained of, becomes known to the complainant.
"Allegation" in relation to a Public
Servant, means any affirmation that such public servant.
1. Has abused his position as such to obtain any gain or favour to himself or to any other person.
2. Was actuated in the discharge of his functions as such, public servant by personal interest or improper or corrupt motive, or to cause undue harm or hardship to any other person.
3. Is guilty of corruption, or lack of integrity in his capacity as such public servant Any complaint involving an allegation may be made within five years from the date on which the action complained against is alleged to have taken place.
Lokayukta has power to accept belated complaints, provided complainant satisfies that he had sufficient cause for not making the complaint within the period. Complaint may be made in the case of grievance, by the person aggrieved and in the case of an allegation by any person other then a Public Servant.
"Public Servants" denotes a person falling under any of the following description:-
1. Every Minister except Chief Minister, member of the Legislative Assembly or the Legislative Council of the State of Uttar Pradesh.
2. Every officer or public servant of the State Government. (Includes officers of All India Services posted in connection with the affairs of the State of Uttar Pradesh.)
Allegations may be made only against the following:-
Every Pramukh of Kashetra Samiti, every Adhyaksh of Zila Parishad, every Nagar Pramukh of Nagar Mahapalika, every President of the Municipal Board of a city as defined in clause (4) section 2 of the U.P. Municipalities Act 1916. A official Chairman including every office bearer of that description by whatever name called, or Managing Director of a district level Central Society or of an Apex Society, registered under any law relating to Co-operative Societies for the time being in force.
Allegations may be made against every person who is in the service or pay of:-
(a) Any local authority in the State of Uttar Pradesh which is notified by the State Government in this behalf in the Gazette.
(b) Any Government Company, Corporations in the State of Uttar Pradesh which is notified by the State Government in this behalf in the Gazette.
Complaints can also be made to this Organization in respect of matters given below:-
Pension, Gratuity, Provident fund, or to any claims which arises on retirement, removal or termination of service.
Nothing in this Act shall be construed to authorize the Lokayukta or Up Lokayukta to investigate any allegation or grievance against;
1. The Chief Justice or any judge of the High court or member of Judicial services.
2. Any officer or servant of any court.
3. The Accountant General, Uttar Pradesh.
4. The Chairman or any member of the Uttar Pradesh Public Service Commission or its staff.
5. The Chief Election Commissioner, the Election Commissioner, the Regional Commissioner and the Chief Election Officer, Uttar Pradesh.
6. Any member of the Secretariat Staff of either House of the State Legislature.
Matters not subject to investigation:
1. Any investigation related to crime
2. Any proceeding relating to the security of the State
3. Action taken in the exercise of the power in relation to determining whether a matter shall go to, or shall continue to be prosecuted in a court or not.
4. Action taken in matter which arises out of the terms of a contract governing purely commercial relations of the administration of the Government or of the Local authority or other corporations, company or Society, as the case may be; with customers or suppliers except where the complainant alleged harassment or gross delay in meeting contractual obligations.
5. Action taken in respect of appointments (other than an appointment in breach of the quota of reservation for members of Scheduled Caste/tribes laid down by the State Government w.e.f.(1-4-1989), removal, pay, disciplinary action, superannuation or other matters relating to conditions of services of public servants but not including actions relating to claims for pension, gratuity, provident fund or to any claims which arises on retirement, removal or termination of service.
6. Grant of honorís and awards. Investigation; It is done in a very confidential manner. An investigation cell is established under Lokayukta Uttar Pradesh.