Lokpal says complaints not in prescribed format will not be accepted

India's anti-corruption ombudsman Lokpal recently said corruption complaints not in the prescribed format will not be entertained.

In a circular dated June 5, it said the Lokpal did not have power to review its orders while noting "increasing instances of complainants desirous of a reconsideration of the verdict given by it".

A corruption complaint can be made in the office of the Lokpal of India in person, by hand at the reception/registry of its office, by post; or online (https://lokpalonline.gov.in/lokpalonline).

The complaints received in Lokpal of India, by any mode, that are not in prescribed form shall not be entertained at any level and would be filed without any action, according to the circular on procedure for dealing with the complaints received in the anti-corruption ombudsman.

 

"There are increasing instances of complainants desirous of a reconsideration or review of the orders passed by the Lokpal of India," it added.

The circular went on, "It is a settled position of law, that the power of review cannot be exercised by a statutory body unless the statute specifically confers such power. The (Lokpal and Lokayuktas Act) Act of 2013 does not confer such express power of review to the Lokpal."  The ombudsman also asked the competent authority, mandated to tender comments based on material, information and documents collected during preliminary inquiry, not to prejudge the merits of allegations.

It found that the competent authority had been expressing opinion about the truthfulness of the allegations under consideration instead of comments about the existence or non-existence of the relevant facts.

"It is thus observed that they are prejudging the merits of the allegations even before the inquiry is completed," the circular said.

The Lokpal upon receiving complaints has two options -- order a preliminary inquiry to ascertain whether there exists a prima facie case for proceeding in the matter or direct an investigation into the allegations by an agency including the Central Bureau of Investigation.

The Lokpal said offering comments at the stage of preliminary inquiry by the competent authority wasn't about giving conclusive opinion concerning the allegation but a statement of fact based on the knowledge (either known personally or derived from official records) -- regarding the existence or non-existence of a fact alleged by the complainant.

The applications/requests by the complainant, public servants or other parties concerned, seeking reports (including preliminary inquiry/investigation), and other related documents, after a complaint is disposed of, shall be forwarded to the agency/departments, who have prepared the report, for necessary action at their end, it added.

The Lokpal also asked the officials, including inquiring or investigating agencies, or the associated departments, to maintain confidentiality.

"No information should be passed on to members of the press, or other media communications without the prior approval of chairperson (Lokpal). Only authorised officer nominated as spokesperson of the Lokpal may interact with the press and media as per the mandate given to him by the competent authority," it said.

The Lokpal said final orders, disposing of the registered complaint, should be uploaded on its website as early as possible, after the same were signed by the members concerned forming part of the proceedings unless the order(s) in the given case expressly provides that it shall not be so uploaded for maintaining confidentiality as mandated by the Act of 2013.

"The order(s) with regard to the above excepted category, which are not to be uploaded on the official website, shall contain the heading on the top right side of the order in bold NOT TO BE UPLOADED'," it added.