The Practical Lawyer

Karnataka Lokayukta Weeding out the curse called corruption

Karnataka Lokayukta Weeding out the curse called corruption

By Sammith. S*
Cite as: (2011) PL November S-32 "Power does not corrupt men; fools, however, if they get into a position of
power, corrupt power.1

Corruption in the modern days has transformed itself to be more dangerous than terrorism. If terrorism has taken
innumerable lives, so has corruption by rooting itself deep in politics and normal life, and the painstaking deaths of
eleven whistleblowers in 20102 alone stand testimony. Corruption has chewed up every bit of the country like a termite.
But who cares? Yes, Who cares? And this is precisely the attitude we carry ourselves with. Corruption has come to being
accepted as a way of life, a path, where effort does not play the role of taking you to the top; the dishonest sleight of
words and actions does. The truth is simple, one or the other times, we ourselves have been, directly or indirectly, party
to this blasphemy, being profane to the religion called integrity.

The reason behind corruption is simple the unquenched thirst called greed, the shrapnel of illiteracy that keeps pricking,
the disease called poverty, the hand-in-glovedness of the policy-makers and the enforcers, the wavering disco-light like
economic graphs, the tough built crust of selfishness, red tapism of innovative and efficacious policies, the silent sword
over private autonomy, the bane of unemployment, all lead to one volatile cauldron, a cauldron that makes everything
falling in it to disappear, and thus, such imbroglio leads to a chain reaction of events, and like they say, corruption breeds
corruption.

The Statement of Objects and Reasons of the Lokayukta Act, 1986 states that the institution of Lokayukta was set up for
the purpose of for the purpose of appointment of Lokayukta at the State level, to improve the standards of public
administration, by looking into complaints against the administrative actions, including cases of corruption, favouritism
and official indiscipline in administrative machinery. With this very objective, Lokayukta has continued to efficaciously
handle thousands of cases and has been successful in convicting many corrupt government officials, deterring many
others from taking bribes.

The institution of Lokayukta is very well sorted out and decentralisation seems to rule to the roost, which is indeed one
of the most positive signs of a well-organised institution. The Lokayukta has four wings, namely,

(a) The Complaints Section

(b) The Judicial Wing
(c) The Technical Cell
(d) The Police Wing The process The complaint is the first stage where the entire process begins. At first, a complainant
is supposed to fill up Forms I and II as per Rule 4(1) of the Karnataka Lokayukta Rules, 1985, which states:
4. Complaint.(1) Every complaint shall be made in Form I, signed by the complainant and shall be supported by his
affidavit in Form II duly sworn to before any Judicial Magistrate, First Class, notary public, or any gazetted officer duly
authorised to administer oaths.

Form I consists of the details of the complainant, the public servant complained against, the brief facts of the complaint,
details of witnesses, documents relied upon, etc., while Form II is the affidavit form affirming that the contents of the
complaint are true to the best of the knowledge of the complainant.

Further as per Section 4(2) of the Karnataka Lokayukta Rules, 1985:

The complaint may be presented in person or sent by registered post to the Registrar. Such complaint shall be
acknowledged by the Registrar specifying the name and designation of the public servant against whom such complaint
is made.

Registering a complaint is made through a specially developed computer software, which is assigned to an
administrative staff member of the Lokayukta. The different details that are required to be filled up are as follows:
Is Complaint Form I and II filled
Type of complaint

Category (Lokayukta/ Uplokayukta) (Complaints against Karnataka State Government employees who are below the
pay scale of Rs 20,000 i.e. Grade B and C employees are assigned to the Uplokayukta, while those against Karnataka
State Government employees whose pay scale is above Rs 20,000 i.e. Grade A employees are assigned to the
Lokayukta.)

District, taluk and case year

Complainants details
Respondents details
Complaint details
Complaint received by: Post/Personally
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 The Practical Lawyer

Related to: Karnataka Lokayukta Act/Suo motu/Government referred

Allegation in brief
Type of allegation

1. Corruption and misappropriation;

2. Corruption;
3. Amassing of wealth;
4. Dereliction of duty;
5. Misuse of power;
6. Misappropriation;
7. Violation of rules;
8. Maladministration;
9. Corruption and amassing of wealth;
10. Harassment;
11. Sub-standard work;
12. Corruption and harassment;
13. Demand and acceptance of illegal gratification;
14. Corruption and dereliction of duty;
15. Corruption and violation of rules;
16. Corruption and maladministration;
17. Corruption and illegal activities;
18. Misconduct;
19. Requisition;
20. Corruption and misconduct;
21. Corruption and misuse of power;
22. Cheating;
23. Corruption and sub-standard work; or
24. Irregularities.

Further as per Rule 5 of the Karnataka Lokayukta Rules:

5. Scrutiny and registration of complaints.(1) On receipt of a complaint, the Registrar shall cause the particulars thereof
to be entered in the register of complaints in Form II-A.

If the Registrar is of the opinion that any such complaint is not in conformity with the provisions of the Act or the Rules,
he shall within a period of fifteen days excluding general holidays from the date of its receipt, issue a notice to the
complainant in Form III to rectify the defect within the time specified in the notice, provided that the Registrar may extend
the time specified in the notice for sufficient cause. Also there are certain cases in which the Lokayukta on its own,
without any formal complaint from a person, take up the case of corruption of a government servant on its own (suo
motu) through reports in the electronic or the print media or through the intelligence department or the cases which are
referred to it by the Government itself.

Once the complaint has been registered, it is assigned a number automatically by the specifically designed computer
software and further, under the seal and signature of the Registrar of the Lokayukta, the complaint is assigned to scrutiny
to one of the Assistant Registrars Legal Opinion (ARLOs).

Thereafter, a notice shall be sent to the respondent for comments. If the respondent fails to reply to the notice, then a
reminder shall be sent through the Lokayukta Police or the higher authority of the official concerned (the respondent).
Further, the respondent failing to reply even to this notice, shall be sent a summons order under the seal and signature of
the Registrar of Lokayukta.

Further, for sub-standard works or misappropriation of funds, the complaint is forwarded to the Technical Cell for an
investigation into such irregularities. If the report from the Technical Cell has found the reported irregularities to be true,
then the report is sent to the respondent for his comments. Once the comments are received from the respondent, a
notice shall be served on the complainant to file his rejoinder to the comments. A time period of 30 days is given for the
complainant to file his rejoinder, failing which not filed shall be marked, but still the investigation shall continue.

Further under Section 12(3) of the Karnataka Lokayukta Act:

12. (3) If, after investigation of any action involving an allegation has been made, the Lokayukta or an Uplokayukta is
satisfied that such allegation is substantiated either wholly or partly, he shall by report in writing communicate his findings
and recommendations along with the relevant documents, materials and other evidence to the competent authority.

After the Government receives the Section 12(3) report from the Lokayukta institution, it shall have to issue a
governmental order (GO) directing either the Lokayukta or the government department concerned for further enquiry. In
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 The Practical Lawyer

this case, the Government is at liberty to either assign the enquiry proceedings to the Lokayukta or conduct an internal
enquiry by itself. After conducting the enquiry as per the order of the Government, the Lokayukta or Uplokayukta as the
case may be shall submit their recommendations to the Government to initiate action against such a government official
found guilty of official misconduct, corruption, dereliction of duty, etc. It should be noted that the Government is at liberty
in this case to accept the recommendations of the Lokayukta/Uplokayukta or not; however, if the Lokayukta or
Uplokayukta is not satisfied by the action taken by the Government, a report shall be sent to the Governor.

Technical Cell The technical cell is constituted of two kinds of officers, namely, audit officers and engineers. Their work
is usually associated with the investigation of certain public works or management of government funds and the like. The
officials in this department are deputed from other government departments. The audit officials are usually concerned
with the tender process for public works, seeing whether all the steps in the process are complied in accordance with the
Karnataka Transparency in Public Procurements Rules, 2000; they are also concerned with yearly audits in public
offices, payment of bills to the contractors, handling of funds in the cooperative societies, etc. The engineers are mostly
designated into the investigation of the public works undertaken. They conduct a quantitative as well as a qualitative
analysis of the public work in question.

It is to be noted that every allegation made in the complaint which has been found to be true by the investigation officers
has to be substantiated by adequate proof materials. The investigation officers who conduct the spot investigation
become the prosecution witnesses and have to depose before the enquiry official.

The officials in the Technical Cell maintain a monthly report regarding the cases, which include case number, date of
receipt, complainant details, respondent details, gist of the allegation, spot inspection report and stage of investigation.
Such a monthly report is useful in tracking down the cases which are investigated and which are not.

Police Wing The Police Wing of the Lokayukta is a special wing consisting of police officers deputed from the Police
Department. It is headed by a police officer of the rank of Additional Director General of Police. But the Police Wing is
independent of the Lokayukta with respect to the Prevention of Corruption Act, 1988. So, in matters regarding the
Prevention of Corruption Act, 1988, the Additional Director General of Police takes the final decisions, while in case of
the Karnataka Lokayukta Act, 1984, the Lokayukta or Uplokayukta as the case may be are the deciding authority.

Every district Lokayukta Police is headed by a Superintendent of Police. Under him are the Deputy Superintendent of
Police, Police Inspectors assisted by Constables and Head Constables. The Lokayukta Police deal with the investigation
of trap cases and cases of disproportionate assets (raid) as per Sections 13(1)(d) and (e) of the Karnataka Lokayukta
Act.

The general procedure for trap cases is that when a government official is accused of asking a bribe for an official duty,
the Lokayukta Police, along with the complainant and witnesses, first smear the currency notes of the bribe asked with
phenolphthalein powder. Thereafter, the complainant goes to the accused official, and hands him the bribe money in the
presence of the witnesses. The Lokayukta Police, immediately catch hold of the hand of the accused official and wash it
in sodium carbonate solution. If the solution turns pink in colour, it is confirmed that the official has accepted the bribe
money. There are other ways also, such as button cameras, recorders, etc. to substantiate the fact that the government
officer has received a bribe. For a trap case, a government official who has been caught would be undergoing two
simultaneous proceedings one, a case of official misconduct which will be handled by the Lokayukta institution, and
secondly, a criminal case under the Prevention of Corruption Act in the Sessions Court.

For conducting a raid operation, a search warrant has to be first issued by the Lokayukta or Uplokayukta under Section
10 of the Karnataka Lokayukta Act, while for a raid under the Prevention of Corruption Act, the Superintendent of Police
of the District has to give a speaking order for raids on the disproportionate assets. A detailed pre-investigation shall be
conducted for a period of approximately 6 months before a raid is conducted. Under Section 165 of the Criminal
Procedure Code, 1973, simultaneous raids can be conducted on the assets of the government official in question. Under
the Karnataka Civil Services Rules, every government official is bound to declare his assets every year. The income
which is not declared to the authorities is considered to be disproportionate assets.

The efficacy of the Lokayukta Police can be seen in the number of convictions they have had between the period 1-1-
2005 to 31-5-2011. The startling figures are 275 for raid cases, 1855 convictions for trap cases, with Bangalore City
ruling the roost with 78 raid convictions and 340 trap convictions.3 A small yet significant number of cases have not
materialised due to various reasons and the number stands at 143.4 It is in the better interests of the people and the
society that the Lokayukta Police go on to achieve even more higher rates of convictions and deter a great number of
officials susceptible to corruption.

The enquiry proceedings 1. Articles of charges.This is a complete set of charges formulated by the enquiry officer
(Additional Registrar of Enquiries/Deputy Registrar of Enquiries) on the basis of the complaint.
2. The charges are then forwarded to the accused official, called as the delinquent government officer (DGO) for
appearance.
3. First oral statement.The enquiry official asks the DGO whether he accepts the charges or not. If he does, the case is
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 The Practical Lawyer

closed at that instant and the report is sent to the Government with the punitive recommendations, but if he does not
accept the charges, the enquiry proceedings begin with the examination (chief) by the presenting officer. Only if the
presenting officer is a Law graduate shall the DGO be allowed to have a lawyer to represent him in the case.
4. At first is the written statement given by the DGO claiming innocence and not pleading guilty in the matter.
5. Once the written statement has been given, there is the verification of records by both the parties.
6. Post verification of records, summons notice is issued by the enquiry officer to the witnesses.
7. If needed, additional witnesses are summoned.
8. Thereafter, there is deposition on behalf of the disciplinary authority and the DGO.
9. Second oral statement.The DGO is asked whether he has his own witnesses who can substantiate the fact that he is
innocent or whether he wants to examine himself. Then a cross-examination shall be conducted by the presenting officer.
If the DGO does not opt for examining himself, then in such a case, a questionnaire shall be prepared with respect to the
charges and given to him for his reply.
10. The defence evidence is filed thereafter.
11. Thereafter, the written arguments are submitted by both sides.
12. After hearing both the parties, the enquiry officer shall send the report to the Lokayukta or Uplokayukta, as the case
may be and the Lokayukta or Uplokayukta on consideration of the report shall forward it to the Government with punitive
recommendations.

The Registrar and Information Office A citizen of India has the right to obtain any information available with the
Lokayukta through an application for information filed under Section 6 of the Right to Information Act, 2005 (hereinafter
referred to as the RTI Act, 2005). But certain information is forbidden to be revealed as per Section 8(1)(h) of the Act,
which shall be withheld by the Lokayukta.

As soon as the application under Section 6 of the RTI is received, the information officer first does a scrutiny. If the
records sought for are available in the Lokayukta institution, then he shall take the necessary steps required under the
RTI Act, 2005 to provide the applicant with the necessary details. If the information sought by the applicant is not
available with the Lokayukta institution, then the application is transferred to the department where that information is
available as per Section 6(3) of the RTI Act, 2005.

In any case, if the applicant is not satisfied with the information furnished by the Lokayukta institution to him, he is
always entitled to make an appeal before the Registrar of Lokayukta who is the first appellate authority. The Registrar is
also entrusted with the responsibility of maintaining the assets and liability records of the Members of the State
Legislature. Every year, these Members have to declare the assets and liability without fail before the financial year end.
They are given a small extension of a further 90 days for submission. Even then if the members fail to furnish such
details, a notice shall be issued to them regarding the submission of the details within 60 days. On further non-
submission, a notice shall be issued through two prominent daily newspapers, failing which, a criminal case shall be
registered against such Members of the State Legislature under Section 176 of the Penal Code, 1860.

Conclusion The institution of Lokayukta, with its limited powers has continued to function quite effectively by
Government standards. The Karnataka Lokayukta has been a pioneer in instigating many anti-corruption policies and
legislations, and has continued to be a harbinger for the proposed Lokpal Bill. But even with a sturdy system like the
Lokayukta in place, corruption continues to rule the roost in our State. It is our bounden duty as citizens that we bring
forth fearlessly cases of corruption and help the Lokayukta in cracking down on many more corrupt Government officials.

The Mahatma himself once remarked, Corruption and hypocrisy ought not to be inevitable products of democracy, as
they undoubtedly are today! It is a sad scene that the worlds biggest democracy is plagued by a syndrome, instigated by
its own constituents. The fallacy that the system will continue being a dump can be put to rest, for the solution lies in an
efficacious administration and proper functioning of the political class, both in power and otherwise. A Herculean task
beckons for those who desire change, but retaining the focus on the Achilles Heel i.e. the susceptibility to peoples
voices, we are bound to transgress this rusty system. The more vociferous we are, the sooner the crust will crack. If the
change has to happen, be the change you want to see.

*Student, 5th semester (3rd year) BA, LLB, University Law College, Bangalore.
- George Bernad Shaw.
- http://daily.bhaskar.com/article/NAT-IDP-will-all-whistleblowers-meet-the-same-fate-death-1795847.html last accessed
11-7-2011.
- Data as received by the Analysis Section of the Police Wing.
- Ibid.

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