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U.P. Lokayukta Organization


      The U.P. Lok Ayukta and Up Lok Ayukta Act, 1975 provides for appointment of Lok Ayukta and U.P. Lok Ayuktas for the purpose of investigation of complaints involving grievances and allegations against Government servants and employees of notified cooperative societies, local authorities, Govt. corporations, companies and societies. The jurisdiction also extends to Ministers, Legislators, Adhyaksha Zila Parishad, Pramukh of Kshetra Samiti, Nagar Pramukh, President of Municipal Board etc.

      Two types of complaints namely grievances and allegations may be submitted to Lok Ayukta. The U.P. Lok Ayukta and UP Lok Ayukta Act, 1975 has provisions which specify who can file complaints involving grievances or allegations as also the procedure for filing complaints. The two terms i.e. grievances and allegations have also been defined. Briefly the position is given below -

(a) Complaint involving grievances can be filed by the person aggrieved. Grievance is defined as a claim by a person that he sustained injustice or undue hardship in consequence of maladministration.
(b) Complaint involving an allegation can be filed by any person other than a public servant. Allegation against a public servant can be on the grounds of abuse of position for personal gain or gain / harm to others, discharge of functions for personal interest or improper or corrupt motive, corruption and lack of integrity.

      The U.P. Lok Ayukta and Up Lok Ayukta Act, 1975 also specifies that a complaint should be accompanied by an affidavit in support of the complaint and relevant documents in the possession or power of the complainant. Grievances in certain matters e.g. action taken for the purpose of investigation of crime or protecting the security of State, decisions regarding prosecutions, commercial transaction excepting matters relating to gross delay in meeting contractual obligations, appointments, removals, pay, discipline, matters relating to service conditions excluding claims for pension, gratuity, provident fund or any other claim arising out of retirement, termination or removal from service, grant of honours and awards etc. can not be subject matter of investigation by Lok Ayukta. As indicated above, complaints relating to pensions, gratuity, provident fund and other retirement benefits can be taken up by the Lok Ayukta. It is also prescribed that if the complainant has or had any remedy by way of proceeding before any Tribunal or Court of Law, such matters will not be investigated by the Lok Ayukta. However, Lok Ayukta can take up for investigation such cases if he is satisfied that complainant, for sufficient cause, cannot have recourse to such remedy.

      Some other restrictions have been prescribed regarding matters which can be investigated by Lok Ayukta. It is prescribed that any matter which is subject matter of public inquiry under either Public Servants (Inquiries) Act, 1850 or Commission of Inquiry Act, 1952 will not be investigated by Lok Ayukta. It is also prescribed that a complaint about grievance should be filed within 12 months from the date on which the action complained against becomes known to the complainant. In case of complaint involving allegation, the time limit prescribed is five years. However, the Lok Ayukta, if the complainant satisfies him that he had sufficient cause for not making complaint within the specified period, can relax this condition.

        The Lokayukta presents annually to the Governor a consolidated report on the performance of his functions. The report alongwith explanatory memorandum is to be laid before two houses of the State Legislature. At present Justice S.C. Verma holds the post of Lokayukta. The office of Lok Ayukta is located at 1/124-B, Vishwas Khand-I, Gomti Nagar, Lucknow.

 

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