20.12.12

Lokpal Bill snippets


The Union government has rejected some key recommendations unanimously made by the Parliament’s select committee on the powers to be vested in the proposed Lokpal.
This potentially sets the stage for another round of confrontation between the government on one side and the opposition and civil society on the other on the issue of the anti-graft watchdog.
Sources said the department of personnel and training under the PM turned down the select committee’s recommendation that an official facing a Lokpal probe not be given an opportunity to be heard at the stage of preliminary enquiry: that is, before a case is lodged. The DoPT also rejected the suggestion that officers on a particular probe not be transferred without the Lokpal’s consent.
The government insisted that the Lokpal must seek the comments of the public servant against whom it may be conducting an enquiry.
The resistance from the government will delay passage of the Lokpal bill, which has remained stuck in Rajya Sabha for almost a year, and prolong the interminably long wait for an ombudsman.
The government changed Clause 20(3) of the version of Lokpal bill cleared by the select committee — an all-party body of the Rajya Sabha — in order to provide an opportunity to public servants under Lokpal’s scanner to be heard during preliminary enquiry.
This is an exercise done discreetly to ascertain whether a prima facie case exists or not. The panel was of the view that no such opportunity need be given to the public servant at this stage.
The government also changed Clause 20(2) of the bill making it mandatory for the inquiry wing of the Lokpal or other probe agencies to seek comments from public servants facing allegations of corruption. The panel had used the formulation “may”, leaving the issue of whether to seek comments to the Lokpal’s discretion.
Another suggestion made was that when a probing officer is to be transferred, the Lokpal’s approval should be required. The government, however, rejected it.

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