The first Administrative Reforms Commission headed by Mr. Morarjee Desai recommended for Sweden based Ombudsmen type of institution. Accordingly the center can have Lokpal and states can have Lokayukta. Though the institution of Lokayukta was introduced for the first time in Odisha but it was not able to implement it. Maharashtra was the first state to implement in 1973. It investigates the allegation against officials like corruption, favouratism, nepotism, injustice and other grievances. It does not include Judges, Speaker, Chairman, Accountant General, Chairman and Members of State Public Service Commission Commission, Judges of Civil and criminal court. The Lokayukta receives the petition from the public and conducts inquiries. It has power to raid on the houses and offices of corrupt official.
- Lokayukta are appointed for 5 years or till attaining age of 70 years.
- His salary is equivalent to Chief Justice of India and salary of its members is equivalent to Judge of Supreme Court.
- They can be removed from the office by the governor, on the charge of misbehaviour or incapacity proved in the state legislature by 2/3rd majority.
Powers and Functions of Lokayukta
Matters which may be investigated by the Lok Ayukta –
- Subject to the provisions of the Act, the Lok Ayukta may investigate any action which is taken by or with the general or specific approval of chief minister, a minister, a member of the State legislature, the Chairman, Vice-Chairman or a member of an authority, Board or a committee etc. In any case where a complaint involving a grievance or an allegation is made in respect of such action.
- Lokayukta may investigate any action taken by the public servant if it is referred by the state government.
- In the process of investigation, the Lok Ayukta deals with the issue of search warrant. For the said purpose, they have all the powers of a civil court which trying a suit under CPC, 1908 in respect of summoning and enforcing the attendance of any person and examining him on oath, production of any document, received evidence of affidavits, getting any public record or copy from any court office etc.
- The Lok Ayukta after investigation shall make a declaration with regard to the governor or chief minister of the state to the vacation of office of the said official.
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