Proceedings Against Public Servant
Context:
The Delhi High Court recently quashed a Lokpal order that granted sanction to the CBI to file a chargesheet against Trinamool Congress MP (Mahua Moitra) in the cash-for-query case.
The Court ruled that the Lokpal made a clear departure from the mandated procedure under the Act.
Definition of “Public Servants” under the Lokpal Act:
Section 14 of the Act brings the following categories of public servants under the jurisdiction of the Lokpal for inquiry into allegations of corruption:
Prime Minister with specific subject matter exclusions (for example, international relations, security).
Any person who is or has been a Minister of the Union.
Any person who is or has been a Member of either House of Parliament.
Groups A, B, C, and D officers and officials of the Central Government.
Proceedings Against Public Servant:
Section 20:
This section governs the procedure for preliminary inquiry and investigation.
The High Court emphasized that the Lokpal must consider the grant of sanction strictly in accordance with these provisions.
Opportunity to be Heard:
In the recent judgment, the Court noted that while arguments were invited from the accused, they were ignored before the sanction order was issued.
The procedure cannot be re-engineered to bypass the express provisions of the statute.
Key Features of the Act:
It establishes the Lokpal for the Union and Lokayuktas for the States to inquire into allegations of corruption.
The Act provides for a separate Inquiry Wing to conduct preliminary inquiries and a Prosecution Wing to handle prosecution.
The expenses of the Lokpal are charged upon the Consolidated Fund of India to ensure its independence.