Jan Lok Pal Bill: Action against corrupt people

How will Lokpal provide relief to a common man against bribery?

Today, a common man has to pay bribe to get any work done in any government department like making ration card or passport or getting income tax refund or old age pension etc. Jan Lokpal and Jan Lokayukta will provide relief to a common man against such day to day corruption.

Each government department will have to make a Citizen’s Charter telling who does what job and in how much time. For instance, the charter will have to mention which officer will make ration card and in what time, which officer will make a passport and in how much time etc.

If Charter is not followed, then people can complain to the Head of that department who will be designated as the Public Grievance Officer (PGO).

PGO will redress the complaint within 30 days maximum.

If PGO doesn’t satisfy the complainant, then a complaint can be made to the vigilance officer of Jan Lokpal and Jan Lokayukta. Lokpve will have a vigilance officer in each district and Lokayukta will have it in each block.

When a complaint of violation of citizens charter reaches a Vigilance Officer, it will be deemed to have corruption angle.

The Vigilance Officer will have to solve the grievance in 30 days, To impose penalty on the guilty officers which will be given to the Complainant as compensation, To start investigations of corruption against guilty officers.

If a citizen is not satisfied with the action taken by Vigilance officer, he could appeal to the Chief Vigilance officer in Lokpal or Lokayukta.

The officers of any department against whom financial and departmental penalties have been imposed may appeal against it in High Court.

We believe that as soon as a few penalties get imposed upon the Head of any Department, he will put adequate systems in place and ensure that no grievances take place in future.

Reference Site: IAC Site

What action will be taken by Lokpal against corrupt people?

There is corruption at all levels – in panchayat works, in construction of roads, in NREGA, mid day meals, rations, 2G spectrum, leasing of mines, Common Wealth Games etc. Jan Lokpal will ensure that corrupt people are punished through the following provisions.

a. Time bound investigations

Investigation in any case of corruption will have to be completed within one year. Jan Lokpal or Jan Lokayukta will have powers to employ more officers, if required, to complete investigations in time. After investigations, Lokpal or Lokayukta shall take two actions:

Dismiss corrupt officers: After investigations, if adequate evidence is found, then after giving an opportunity of being heard, Jan Lokpal or Jan Lokayukta will have powers to remove a government officer from job or to impose any other departmental penalties like reduction in rank, stopping promotion etc. These orders could be challenged in High Court.
Time bound trial: In addition to imposing departmental penalties, if a case is made out, Jan Lokpal or Jan Lokayukta will file a case in trial court. The court will have to complete the trial and announce punishment within next one year. If required, Jan Lokpal or Jan Lokayukta will have powers to direct the government to set up additional courts to complete the trial in time.

b. Recovery of loss caused to government

During investigations,if there is strong evidence against corruption, Jan Lokpal or Jan Lokayukta shall ban the transfer of assets of the accused or the assets of those who would have benefitted from the accused. At the time of conviction, the court will assess the loss caused by the accused to the government. This loss will be recovered from these assets and as land revenue. (Currently, there is no provision in our law to recover the bribes earned by corrupt people or the loss caused by them to the government).

c. Confiscation of assets

Each bureaucrat, politician and judge would be required to submit a statement of moveable and immoveable assets owned by him and his family on an annual basis, which will be put on the official website. If an asset is subsequently found to be owned by a public servant, it would be deemed to have been obtained through corrupt means and would be confiscated. Prosecution proceedings would be initiated against the accused.

Similarly, after each election, the Jan Lokpal will verify the assets declared by each candidate. If undeclared assets are found, a case will be registered and investigations started.

d. Increased punishment for corruption

Presently, the maximum punishment for corruption is seven years, which is believed to be very less. This is proposed to be increased to life sentence.

e. Illegally obtained benefits are deemed to be obtained through corruption

In the current system, if anyone obtains any benefit from the government illegally, it is difficult to prove that he did so by paying bribes. Therefore, it has been provided in Jan Lokpal Bill that if a person obtains any benefit from the government in violation of a law or rules and regulations, that person along with concerned public servants shall be deemed to have indulged in corrupt practice.

f. Power to punish if its orders are not followed

If orders of the Jan Lokpal or Jan Lokayukta are not obeyed, it will have the powers to impose financial penalties and also initiate contempt proceedings against the guilty officials.

Reference site: IAC Site