The Karnataka Lokayukta is awaiting the judgment of the High Court for clarity on its investigation powers under the Prevention of Corruption Act, 1988.
Fielding reporters’ queries in Mysuru on Tuesday, Lokayukta P. Vishwanatha Shetty refused to publicly share his views on the creation of the Anti-Corruption Bureau (ACB) and its impact on the functioning of the Lokayukta.
“I have shared my views on strengthening of the Lokayukta through a written submission made before the High Court. The hearing is over and the judgment is awaited,” the Lokayukta said before adding that it would unfair for him to air his opinion when the matter was before the court.
In a more than 40-page statement before the High Court in September 2018, the Lokayukta had contended that an investigating officer under the State’s ACB cannot be expected to conduct a fair and impartial inquiry against high-ranking public servants when he or she will be working under the disciplinary control of the Home Department or the State government.
But on Tuesday, after holding a meeting with officials of various ranks of Mysuru district, Mr. Shetty, a retired High Court judge, said one need not assume that the Lokayukta had become weak after a perception had gained ground that its investigating powers under the Prevention of Corruption Act had been taken away.
“As an individual I have never felt that the Lokayukta has been weakened. I am working to the fullest capacity to make use of the powers conferred to me under the Act,” he said.
While the matter related to investigation powers under the Prevention of Corruption Act is before the court, Mr. Shetty said the Lokayukta still enjoyed the jurisdiction of acting against indiscipline and misconduct by government employees.
“The disciplinary jurisdiction is still with the Lokayukta,” he said and added that the Lokayukta police in all the district headquarters had been instructed to visit all government offices in the district and send reports. “Whenever I find reports showing maladministration or misconduct, I have initiated suo motu proceedings,” he said.
However, unlike his predecessors, who used to raid government officials and go public, the Lokayukta said he shuns publicity. “We are not for publicity. We are silently doing our work. The earlier Lokayuktas used to go to the media because they were carrying out raids,” he said.
Also, Mr. Shetty claimed that the number of cases filed before the Lokayukta had increased after the ACB was created, which showed an increase in people’s confidence in the Lokayukta.
The complaints range from irregularities in tenders, roadworks, and MGNREGA works to building bylaw violations, and issue of licences and permits, etc.
Pendency
Mr. Shetty, however, said the biggest challenge before the Lokayukta at present was pendency of cases. “Inquiry proceedings against government servants are pending since 2002,” he said.
After assuming charge about two years ago, Mr. Shetty said he had sought sanctioning of nine district judges in addition to then existing 14 district judges to complete the inquiry of the pending cases.
“The previous government gave us five. We are hopeful of getting four more soon,” he said, and added that the government had also issued a notification to create space to accommodate the new district judges by asking the Social Welfare Department to shift to a different place.
