Question:

60 Shri Chiranjib Biswal Will the Hon’ble Chief Minister be pleased to say, if the Vigilance or any other Department (as per provisions of the OCS (CC&A) Rules, 1962) can consider the same subject on which the report of the Lokpal submitted u/s 12(3) of the Act has been laid before the State Legislature together with an explanatory memorandum (action taken report)? If yes, under which provision of the Rule, this can be done?

Answer:

Shri Naveen Patnaik, Chief Minister

There is no bar to take action against a public servant as per provisions of the Prevention of Corruption Act, 1988 or Odisha Civil Service (Classification, Control & Appeal) Rules, 1962 on the same subject after the special report of the Lokpal made Under Section 12 (5) of the Orissa Lokpal and Lokayukta Act, 1995 has been laid before the Odisha Legislative Assembly together with an explanatory memorandum except the stipulations Under Section 17 (3) of the Act.

Supplementary Lokpal Act, 1995      

1. What is the provision of Section 12(5) of the Odisha Lokpal &Lokayuktas Act, 1995?

Ans.Section 12(5) of the Act provides that “If the Lokpal or the Lokayukta is satisfied with the action taken or proposed to be taken on his recommendation or findings referred to in sub-section (I) and (3),he shall close the case under information to the complainant, the public servant and the competent authority concerned but where he is not so satisfied and if he considers that the case so deserved, he may make a special report upon the case to the Governor and also inform the complainant concerned.” 

2.   What is the provision of Section 17 (3) of the Orissa Lokpal and Lokayuktas Act, 1995?
Ans.Section 17 (3) of the Act provides that “ Except on the ground of jurisdiction, no proceedings or decision of the Lokpal or the Lokayukta shall be liable to be challenged, reviewed, quashed or called in question in any Court or Tribunal.”

3. From which date the post of Lokpal is lying vacant?

Ans. The post of Lokpal is lying vacant from 22.11.2013 i.e., from the date of death of Justice ShriPrasant Kumar Patra, Ex-Lokpal.

4. What is the action taken for appointment of Lokpal?
Ans. In the meantime, the Odisha Lokayukta Bill, 2014 has been passed in the Odisha Legislative Assembly on 14.02.2014 and transmitted to the Government of India with the approval of His Excellency the Governor of Odisha for assent of the President of India under Article 254 (2) of the Constitution. The Hon’ble President has given his assent to the bill on 16.01.2015. After the coming into force of the Odisha Lokayukta Act, 2014, the Lokayukta for the State shall be established.  

5.  Will the institution of Lokpal continue after coming into force of the Odisha Lokayukta Act, 2014?
Ans.The institution of Lokpal shall stand abolished as per provisions under Section 60of the Odisha Lokayukta Act, 2014.

6.  What will be the effect of abolition of Lokpal?
Ans. With the abolition of Lokpal, every inquiry, investigation and other proceedings together with the record thereof relating to allegation of corruption pending under the Act repealed, shall stand transferred to the Lokayukta immediately on the date of establishment of Lokayukta. The offices and the posts created for the functioning of the Lokpal are to continue as such under the provisions of the Odisha Lokayukta Act until further provisions are made by the Government.

7. Has the Odisha Lokayukta Act, 2014 been notified?
Ans.Action is being taken to publish the Odisha Lokayukta Act, 2014 in the Official Gazette.

8. Have the Government framed relevant Rules under the Act?

Ans. Action is being taken to make Rules as per provisions under Section 57 of the Odisha Lokayukta Act, 2014.

9. What is the purpose of bringing out the Odisha Lokayukta Act, 2014?

Ans. The purpose is to provide for the establishment of a body of Lokayukta for the State of Odisha to inquire into allegations of corruption against certain public functionaries including Chief Minister, Ministers, Members of the Legislature, officers and employees of the State Government and for matters connected therewith or incidental thereto.