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Regular-article-logo Saturday, 10 May 2025

Lokayukta: Act in place but no action

Close to two years have passed after Odisha passed the Lokayukta Act, but the process to appoint a Lokayukta is yet to begin.

Subhashish Mohanty Published 18.01.16, 12:00 AM
Odisha Information Commission is also running without a chief information commissioner. Telegraph picture

Bhubaneswar, Jan. 17: Close to two years have passed after Odisha passed the Lokayukta Act, but the process to appoint a Lokayukta is yet to begin.

And this is only one of the various statutory body posts that are lying vacant in the state. The others include that of the chief information commissioner, members of the Odisha Human Rights Commission and Odisha Public Service Commission. The state does not even have a regular food commissioner.

The Assembly had passed the Lokayukta Act in February 2014 soon after enactment of the central law. Odisha even claims to be the first state to enact the Lokayukta law after Parliament passed its own.

But the trend of crucial posts lying vacant is not new to the state. Before the act came into existence in January last year, the Lokpal's post had remained vacant for nearly two years.

A senior official of the general administration department said: "Even the rules to the act have not yet been framed."

Under the Lokayukta Act, the activities of the chief minister, former chief ministers, other ministers and public servants come under the purview of a six-member anti-corruption panel. The Lokayukta is to be chosen by a committee headed by the chief minister and comprising others, including the leader of Opposition, Speaker of Odisha Assembly, Chief Justice of Orissa High Court or a judge nominated by him and an eminent jurist nominated by the governor. The governor will appoint the Lokayukta on the recommendation of the selection committee.

Under the law, the Lokayukta is empowered to attach properties for a period of 90 days and there will be special courts to try these cases.

The Lokayukta also enjoys the power to recommend to the state government to transfer and suspend any public servant found guilty of corruption. The anti-corruption body will have the powers of superintendence and direction over any agency or investigating agency, including the state vigilance or crime branch of police.

While the Lokayukta is yet to be appointed, the Odisha Human Rights Commission is also lying headless. The commission started functioning on July 11, 2003, with Justice D.P. Mohapatra as its first chairperson. But it is yet to get a permanent chairman after Justice Mohapatra's term ended. Now, Justice B.K. Mishra is officiating as the chairperson.

According to law, besides the chairperson, the commission should have two members. The chairperson must be a retired chief justice of the high court.

In 2015, litigants filed 5,500 cases and officials admit that the vacancy at the highest level has put added pressure on the commissioner to dispose of them.

"People have a lot of confidence on the commission and they expect their cases to be disposed of quickly," said an official.

The official also said that the non-cooperation of the government had proved a hurdle in the execution of its orders. "The chief secretary should issue an order that if the commission seeks compliance of any report, it should be done immediately and its orders be implemented," said the official.

Odisha Public Service Commission, the premier recruitment body for the state government, is also plagued by vacancies. The commission included a chairman and five other members. However, it now has a chairman, Satyakam Mishra, and just two other members.

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