Government denied permission to register case against top NHAI officer

Annexure 2

Government denied permission to register case against top NHAI officer

Indian Express 18^th Nov 2010

Deficiencies in the present anti-corruption systems Central Government level:

Deficiencies in the present anti-corruption systems

Central Government level:

At central Government level, we have Central Vigilance Commission, Departmental vigilance and CBI. CVC and Departmental vigilance deal with vigilance (disciplinary proceedings) aspect of a corruption case and CBI deals with criminal aspect of that case. 

Should public Grievances be brought under the jurisdiction of Lokpal? This will overburden Lokpal and make it unwieldy.

Under the grievance redressal system proposed in Jan Lokpal Bill, none of the complaints would directly reach the Lokpal members. It is only when the officers of a department, including its head of department fails to redress the grievance of a citizen, does the grievance reach the Vigilance officer of Lokpal. 

Is Lokpal a super cop?

A myth is being created that the proposed Jan Lokpal will become a supercop and will become a threat to all democratic institutions. This is completely wrong. Let us see what does Jan Lokpal Bill propose to do?

1.       Against politicians (for their conduct outside parliament), judges and bureaucrats, Lokpal will only investigate complaints of corruption and file a case in court. The courts will have the power to try and award punishment. Lokpal will not have powers to award punishment. 

Protection against frivolous and mischievous complaints

False complaints of corruption or false complaint against staff of Lokpal : If anyone makes a complaint which is without any basis and is meant only to harass someone, then a financial penalty could be imposed upon that complainant by Lokpal. However, merely dismissal of a case due to weak evidence would not be held against a complainant.

False complaint against member or Chairperson of Lokpal or Lokayukta: Supreme Court or High Court may impose fine and also sentence the complainant to jail in case of complaints which are without basis and meant only to harass the member or Chairperson.

Whistleblower Protection

  Whistleblower Protection

What is the problem?

If anyone raises his voice against corruption, there is no agency that can provide effective and credible protection. The person can only approach the police. Police is usually subordinate to the same people who are corrupt. For example, in the event a local MP or MLA is harassing the public, police won’t do anything. 

Flow chart of how a complaint of corruption would be dealt at Lokpal or Lokayukta

Flow chart of how a complaint of corruption would be dealt at Lokpal or Lokayukta :DEPARTMENTAL PROCEEDINGS and CRIMINAL PROCEEDINGS

IF Citizen can make a complaint to any office of any Lokayukta or Lokpal then

Transferred to appropriate office within five days then Investigations to be completed within one year