The Odisha lokayukta Abhijan, Cuttack, in a memorandum to President Ram Nath Kovind has demanded appropriate amendment to the Odisha lokayukta Bill 2014 in conformity with the parent law lokpal and lokayukta Act 2013.
The forum stated that Odisha was one of the pioneer States in complying with the mandate of the parent act by getting the Odisha lokayukta Bill 2014 passed in the legislative Assembly in February 2014. However, in absence of any statutory notification of the enacted bill in the official gazette, the people are in complete dark about the aftermath of the bill, despite a long lapse of more than four years.
The lokayukta Bill 2014, despite its timely presentation in the State Assembly, had suffered a series of critical lacuna and incongruities vis- a -vis the parent act i.e. lokpal and lokayukta Act 2013, without addressing which, the Odisha lokayukta as envisaged in the said bill would remain a lame-duck body. It would congenially be incapable to meet the increasing menace of corruption and maladministration that has gripped every sphere of public life across the State, it alleged.
The forum further stated as per the provisions made under Odisha lokayukta Bill 2014, the Directorate of Vigilance, which is the principal anti-corruption investigating agency of the State, remains outside the control of State lokayukta or for that matter, outside that of any statutory authority in respect of its role, functioning and accountability.
Unlike the CBI, which has been freed from the Government control by necessary amendment to the concerned law, the Directorate of Vigilance in Odisha remains under the direct control of the Government in the General Administration Department and there is also no law to regulate the directorate. Besides, the Vigilance Director is appointed by the Government and his tenure and service matters are completely subject to the control of the State Government, said Abijan advisor Debesh Das.
All the officers in the prosecution wing of the Vigilance are appointed by the Government and as such, they function under its direct control. They are subject to transfer as and when desired by the State Government.
Further, no approval of the lokayukta is needed for the transfer of a Vigilance officer investigating a case referred by lokayukta, said Das.
He further said provision for an additional panel of lawyers to be appointed by the Vigilance Director for conducting cases referred by lokayukta is absent. There is also no provision for Government funding to the Vigilance Director for investigation into cases referred by thelokayukta, Das stated.
Besides, the Odisha Right to Public Services Act, 2012, is already in force but neither the Odisha lokayukta Bill 2014 declares lokayukta as the final appellate authority, nor the ORPS Act was amended to declare lokayukta as the final authority in respect of all appeals, stated the forum.