BHUBANESWAR: The Odisha government has framed new rules under the Odisha Lokayukta Act, 2014 prohibiting disclosure of identity of both the complainant and the accused.
The Odisha Lokayukta (Procedure of filing of the complaint) Rules, 2020 notified recently prescribes that the Lokayukta will protect the identity of the complainant and the public servant complained against till the conclusion of the inquiry or investigation.
The government has also sought to protect the integrity of the process of inquiry by allowing the Lokayukta to dispose of the complaints if the contents of the complaint are illegible, vague or ambiguous and trivial or frivolous. The complaints not containing allegations against public servants or not filed within the period of limitation and are pending before any other court or tribunal or authority can also be disposed of.
The Lokayukta can dispose of complaints whose contents are illegible within a period of 30 days and extend it further but not exceeding 15 days at a time. As per the new Rules, the protection on disclosure of identity will not be applicable in cases where the complainant himself has revealed his identity or any other office or authority while making a complaint to the Lokayukta.
If Lokayukta is satisfied that there exists a case for an investigation against any public servant or institution, a notice will be served and an explanation called for as decided by the Chairperson. The noticee will have to file a reply in three complete sets - one signed and two other copies, along with the documents in a paper book to the Secretary within 45 days.
The anti-corruption panel can allow further time for filing of reply and pass order as deemed fit if the noticee fails to file reply. The complainant, affected parties and respective departments concerned may be supplied a copy of all orders that affect them, on an application.
The Lokayukta will have the discretion to discontinue any inquiry involving an allegation or refuse to inquire if in its opinion there are no sufficient grounds for inquiring or other remedies are available to the complainant. In any case where the Lokayukta decides to discontinue any inquiry in respect of a complaint, it will have to record the reasons and communicate the same to the complainant and the public functionary concerned.
The new Rules also prescribed the procedures on how to file a complaint. A complaint with details of allegations of offence by public servants can be filed electronically, in the manner, as laid down by the Lokayukta or by post or in person. If the complaint is filed electronically, the hard copy needs to be submitted to the Lokayukta within 15 days.