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

Jurisdiction of Lokpal

Jurisdiction of Jan Lokpal Bill

a. High Court and Supreme Court Judges

(i) Removal of a Supreme Court or High Court Judge

Present system: Under the present system, a judge can be removed for misconduct by the process of impeachment specified in the Constitution of India.

Proposed system: Jan Lokpal Bill does not propose to change this system.

How to ensure that there is no corruption within Jan Lokpal

 How to ensure that there is no corruption within Jan Lokpal

a. Firstly, by ensuring that the right person is selected for this role!

Selection process for the members and Chairperson of Jan Lokpal and Jan Lokayukta has been kept transparent, broad based and participatory.

Flow chart to show how public grievances related to violation of citizen’s charter will be dealt in Lokpal?

Citizen applies to concerned officer in some dept according to citizen’s charter to get some work done

If work not done satisfactory

If grievance not solved within time limit of citizen charter

then Citizen complains to HOD or senior officer (Public Grievance Officer, PGO)

If If grievance not solved within time limit of citizen charter in 30 days

then Citizen complains to a Vigilance Citizen still Officer in Lokpal

then Vigilance Officer gets grievance solved in 30 days, imposes penalties on guilty officers which will be given as compensation to citizen, imposition of departmental penalty on guilty officers by a bench

If Citizen still dissatisfied : Appeal to Chief Vigilance officer

How will Lokpal provide relief to a common man against bribery?

How will Lokpal provide relief to a 

common man against bribery?

Today, a common man has to pay bribe to get any work done in any government department like making ration card or passport or getting income tax refund or old age pension etc. Jan Lokpal and Jan Lokayukta will provide relief to a common man against such day to day corruption. 

What action will be taken by Lokpal against corrupt people?

What action will be taken by Lokpal against corrupt people?

There is corruption at all levels – in panchayat works, in construction of roads, in NREGA, mid day meals, rations, 2G spectrum, leasing of mines, Common Wealth Games etc. Jan Lokpal will ensure that corrupt people are punished through the following provisions.

Structure of Lokpal

Jan Lokpal Bill proposes that at the level of Central Government, an institution called Jan Lokpal should be set up. Likewise, in each state, Jan Lokayukta should be set up. Jan Lokpal will accept corruption complaints against Central government departments and Jan Lokayukta will accept complaints against departments of respective state government.

Why do we need Jan Lokpal?

There are several deficiencies in our anti-corruption systems because of which despite overwhelming evidence against the corrupt, no honest investigation and prosecution takes place and the corrupt are hardly punished. The whole anti-corruption set up ends up protecting the corrupt. 

Our anti-corruption agencies have basic structural deficiencies because of which they are incapable of doing any honest investigations: