Graft cases against public servants: Decade after law enacted, Lokpal forms inquiry wing

New Delhi: Over a decade after a law governing it was passed, anti-corruption ombudsman Lokpal has constituted an inquiry wing for conducting preliminary probe into graft-related offences committed by public servants. The Lokpal and Lokayuktas Act 2013 (Act of 2013) came into force on January 1, 2014, when it received assent of the President.

However, it began functioning only on March 27, 2019, following the appointment of its chairperson and members.

To discharge its statutory functions, Section 11 of the Act obligates the Lokpal to constitute an inquiry wing for the purpose of conducting preliminary inquiry into any offence punishable under the Prevention of Corruption Act, 1988, alleged to have been committed by the specified public servants and functionaries. The full bench of Lokpal, at its meeting held on August 30, 2024, decided to constitute an inquiry wing of the Lokpal, according to an official order.

Lokpal chairperson has been authorised to commence the selection process for appointment of specified number of suitable persons as officers and staff required to provide logistical assistance in the inquiry wing, it said.

The Lokpal Act also has provision to constitute a prosecution wing headed by the “Director of Prosecution” for the purpose of prosecution of public servants, which is yet to be constituted. “Provided that till such time the prosecution wing is constituted by the Lokpal, the central government shall make available such a number of officers and other staff from its ministries or departments, as may be required by the Lokpal, for conducting prosecution under this Act,” it said.

The Director of Prosecution shall, after having been so directed by the Lokpal, file a case in accordance with the findings of investigation report, before the special court and take all necessary steps in respect of the prosecution of public servants in relation to any offence punishable under the Prevention of Corruption Act, 1988, the law says. At present, the Lokpal has a vacancy of two members -- one each judicial and a non-judicial.

The Lokpal headed by a chairperson can have eight members -- four judicial and the rest non-judicial. Currently, there are three judicial and as many non-judicial members working under the anti-corruption ombudsman. In reply to an Right to Information (RTI) query filed by this journalist, the Lokpal had last month said “Presently, the post of Director of Inquiry and Director of Prosecution is vacant”.