The proposed Delhi lokpal Bill 2014 (not Jan lokpal Bill) of the AAP Government in Delhi aims to bring senior bureaucrats, including the IAS and IPS officers in the State under its ambit. The draft Bill accessed by The Pioneer says, the new law will cover Chief Minister, Ministers, MlAs, Councillors and all IAS, IPS and DANICS officers working with State Government.
However, the IAS and IPS officials are governed by service rules and Ministry of Home Affairs is controlling authority. If Delhi Government wants to include IAS and IPS, an amendment in the service rules through Parliament will be necessitated. The proposed Bill is expected to be brought before the Cabinet within a few days. According to draft Bill, relatives of public servants will also be under the scanner of lokpal.
Sources, however, said the lokpal Bill would well be eyewash as its provisions are unlikely to be implemented in Delhi. Since amendment in service rules to bring IAS and IPS under it would require Parliament’s nod, the Kejriwal Government could put the blame on Centre for diluting the Bill. It will, however, create an interesting political situation in Delhi where all political parties will have to take a stand on the lokpal Bill despite loopholes in it.
The draft of the Delhi lokpal Bill 2014 prepared by AAP Government contains 16 chapters. The draft Bill contains higher punishment and penalty for the accused if he/she is at higher post. The draft Bill also brings contractual, temporary, casual and ad hoc employees under its ambit. The Bill would have provision to investigate all policy level decisions, including formulation of regulations, rules, assignment, transfer of cases and delegation of functions and powers.
The draft Bill says the minimum punishment will be six years imprisonment while it can go up to 10 years or even life imprisonment. “If the beneficiary is a business entity, a fine up to five times the loss caused to the public exchequer but not less than the loss caused should be recovered from the accused,” the draft said.
As per draft Bill, all public servants will have to declare assets and liabilities and those of the family members which should include their sources of income within three month after commencement of this Act. If annual statement is not submitted by January 31 every year, salary of public servant or Government employees will be stopped till the statement is filed. If it is found that public servant owns some property which was not disclosed in his statement of assets that property would be liable to be confiscated by the lokpal. According to Bill, lokpal will have powers to issue search warrant to officers not less than ACP rank or equivalent.
lokpal shall be empowered to suspend officer during investigation and it can recommend punishment of dismissal, removal or reduction of rank and can also attach property and assets acquired by corrupt officer,” it said. Under the Bill, investigation in any complaint to be completed within six months and trial will be done within six month by special courts of lokpal.
The Bill provides that each public authority would have to prepare a specific citizen’s charter with 45 days of this act coming into force. The grievance would have to be redressed within 30 days of receiving the complaint. The Delhi lokpal shall consist of one chairperson and 10 other members.
The chairperson shall be selected by a seven-member selection committee comprising CM, leader of the Opposition, two judges of Delhi High Court, one person from previous chairpersons of lokpal and two other members to be selected by other members from the retired Chief Justice of India, retired judges of Supreme Court, the retired Chief of Armed Forces, retired judges of High Courts, retired Chief Secretaries and Principal Secretaries, retired Vice-Chancellors and Election Commissioners. The salary of chairperson of lokpal shall not be less than Rs3.25 lakh per month while members shall draw Rs3 lakh per month.