Search Committee to hold meeting on 3 April
By Arun Pratap Singh
Garhwal Post Bureau
Nainital, 1 Apr: The Uttarakhand High Court today heard a public interest litigation (PIL) seeking appointment of the Lok Ayukta in Uttarakhand and directed the government to place on record the outcome of the proposed Search Committee meeting scheduled for 3 April. The Division Bench comprising Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay directed the state to submit its decision by way of an affidavit on 8 April.
During the hearing, the state government submitted that the Search Committee meeting is slated to be held on 3 April and sought time in the matter. The Court, however, observed that a similar request for time had been made nearly a year ago for the appointment of the Lok Ayukta, but no appointment has been made so far.
Earlier in a previous hearing, the Court had granted a final period of three months to the state government to complete the appointment process and had also directed that until the Lok Ayukta is appointed, salaries should not be disbursed from the Lok Aayukta office. It had also clarified that the government may utilise the services of such employees in other departments and compensate them accordingly.
In previous proceedings, the state had sought an extension of six months for the appointment and had also requested that salaries of employees be paid from the Lok Ayukta office. The government had informed the Court that there are 26 employees associated with the Lok Ayukta office, of whom nine are presently working with the Real Estate Regulatory Authority (RERA) and are being paid from there, while 17 remain attached to the Lok Ayukta office. The Court, however, maintained its earlier stance and granted a final three-month window for the appointment process.
In the present context, the Court has now linked further consideration of the matter to the outcome of the meeting of the Search Committee scheduled to be held on 3 April and has directed the government to file a comprehensive response on April 8.
It may be recalled that the PIL has been filed by Ravi Shankar Joshi, a resident of Gaulapar in Haldwani, who has contended that despite the Lok Ayukta institution remaining vacant, an annual expenditure of approximately Rs 2 to Rs 3 crores continues to be incurred in its name. The petition states that while states such as Madhya Pradesh and Karnataka have active Lok Ayuktas taking action against corruption, Uttarakhand lacks a functional mechanism, resulting in even minor matters being brought before the High Court.
The petitioner has further argued that all the existing investigative agencies in the state function under the control of the government, with overarching authority resting with the political executive. It has been contended that there is currently no independent agency in Uttarakhand empowered to register corruption cases against gazetted officers without prior government sanction.
The plea also raises concerns regarding the Vigilance Department, stating that despite being projected as an independent body, it remains part of the state police and is effectively controlled by the police headquarters, the vigilance establishment or the Chief Minister’s Office. The petition argues for a need for a transparent, independent and impartial investigative mechanism, asserting that early appointment of the Lokayukta is essential in the interest of accountability and good governance.
