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Project on – LOKAYUKTA IN
RAJASTHAN
Submitted To –

Submitted By- Lalita Choudhary

Class – B.B.A. LL.B. VI Semester

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Certificate

This is certify that the project work on

“Lokayukta in Rajasthan’’has been carried by Miss Lalita
Choudhary, a student of B.B.A.LL.B. 6th semester of Jai
Narain Vyas University, Jodhpur, under my supervision
and guidance.

She has successfully completed her project with

effect. The project has been checked from time to time.

Teacher’s signature;

……………………….

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Acknowledgement
I owe a great many thanks to a great many people who helped
and supported me during the writing of this project.

My deepest thanks to professors in guiding us of the

project for correcting various documents of mine with
attention and care. He has taken pain to go through the project
and make necessary correction as and when needed.

I express my thanks to the Dean of Jai Narain Vyas

University of Jodhpur for extending his support.

I would also thank my institution and my faculty

members without whom this project would have been a distant
reality. I also extend my heartfelt thanks and appreciation to
my family and well wishers.

CONTENTS

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 History of lokayukta
 Lokayukta in Rajasthan
 Work
 Appointment
 Qualification
 Condition of service
 Removal
 Concept relating to complaint
 Powers
 Staff
 Person who are excluded
 Conclusion
 Bibliography

HISTORY

1. In most countries of the world to which the institution Ombudsman is called, in

our country it is known as the Lokpal or Lokayukta. Lokpal or Lokayukta name in
India in 1963. Famous jurist Dr. L. M. Singhvi said. Ombudsman word Sanskrit
word folk (people) and raised (guardian) is made of. It means “guardian of people”.

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2. The institution called Lokpal or Ombudsman to continue to be the watchdog of

the administration's international success. The initial credit Sweden is where the
concept first conceived of this institution. There year in 1713, King Charles 12 in
violation of the law to punish the officials appointed a councilor. Sweden urges the
members of the constituent assembly to create a new constitution that was
different from the previous system, which works as an official investigation of
government officials should not be in any position. The year 1809 Sweden's
Constitution 'Ombudsman for Justice' which was the first time a system of this
institution by the public servants will investigate cases of violations of laws and
regulations.

3. After Sweden gradually Austria, Denmark and other countries and Scandinavian
Africa, Asia, Australia, the US and Europe in many countries' Ombudsman's office
was established. In Finland in 1919, Denmark in 1954, in Norway in 1961 and
in Britain in 1967 with the objective of ending corruption Ombudsman was
established. So far, 135 countries in the "Ombudsman" has been appointed.

4. Ombudsman Swedish language is a word which literally means people

Representative or agent. Literally 'Ombudsman' means a person whom
maladministration, corruption, delays, inefficiency, opacity and abuse power to
protect the civil rights deserves appointed. Encyclopedia Britannica Ombudsman in
relation to misuse of the powers of the bureaucracy in legislative investigations of
complaints made by citizens of the Commissioner stated.

5. Different names in different countries, is known by the Ombudsman. Britain,

Denmark and New Zealand institution in the 'parliamentary commissioner'
(Parliamentary Commissioner) is recognized by the name. In Russia it is known by
the name of the speaker or the Prosecutor.

6. Enlightened thinkers of the country need and viability of the organization

wrote. For example, former Supreme Court judge Mr. Gajendra gdhkr his book
"Law, Liberty and Social Justice '' noted that while we in India 'Ombudsman'

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institution like do not develop and amends the constitution or legislative through
the process do not provide constitutional status to the organization, then the form
of corruption in the country will not be able to diagnose the problem effectively.

7. Corruption and administration of national leprosy has become a major

problem. And to erase it from time to time in various countries and states, several
steps have been taken. In 1963, in Rajasthan Administrative Reforms Committee
in its report 'Ombudsman' recommended the formation of a legal entity, such as
which tasks the executive and keep an eye on proceedings in cases in which the
illegal action taken by any agency of the government, be unjust or arbitrary,
contrary to the existing rules or procedures established and be in violation of
these complaints, which have been accused of corruption evident, is exploring in.

8. India January 5, 1966, Phlee Administrative Reforms Commission headed

by Morarji Desai was formed. The Commission 'problem of Grievance Redress of
Citizens' relating to its 1966 interim report of corruption in the system, which
surrounds the administration of inefficiency and callous to the needs of the public
against the potential indignation, considering it often had recommended that the
public prosecution and prevention of corruption and injustice resulting from
Duracharpuarn system assertion check for complaints at the center of the legal
institution called Lokpal and Lokayukta in states should be established, but this
recommendation was not accepted for long enough . But its implementation has now
been accepted as just could not do Murtt.

9. The first ombudsman was established in 1970 in Orissa, where the Lokpal and
Lokayukta Act in 1995 made new again. More recently, the most effective
provisions covering Vidansbha Odisha Lokayukta Bill 2014 is passed. In 1971, in
Maharashtra, Rajasthan in 1973 and thereafter in 20 states led to the
establishment of the ombudsman institution. Its former Rajasthan indictment
dismantling public prosecution department to take care of people in the system
of government existed, but any did not provide for the institution by which
ministers, secretaries and public servants against misuse of office, corruption and
complaints of inaction can be examined and explored. Consequently increasing the

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public confidence and a sense of satisfaction as well as clean, honest and

competent authorities to provide ministers, secretaries and public servants against
misuse of office, corruption and complaints of inaction and see and feel free to
explore them creating agency was felt immediately and the achievements of this
objective, the ombudsman and the deputy ombudsman for Rajasthan ordinance was
passed in 1973, which on February 3, 1973, came into force in
Rajasthan. This March 26, 1973 and has since been accepted by the President to
act as it is effective in the state.

10. Lokpal and Lokayukta at the state level. At the central level to the much
awaited Lokpal and Lokayukta institutions Act 2013 (the 2014 Act no. 1) was passed
by Parliament in 2014, the 1st January, 2014.
The President's acceptance received. Published
in the Gazette of India notification dated
January 16, 2014 by the provisions of the Act
dated January 16, 2014 have been inflicted.

Lokayukta in Rajasthan
 Lokayukta institution created with the aim to provide clean administration
to the general public against public servants on corruption and abuse power
independently and impartially investigate complaints and investigations, the
ombudsman and the deputy ombudsman for Rajasthan Act, 1973 is under.

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 Lokayukta is an independent institution whose jurisdiction is the entire

Rajasthan. This is neither a department of the state government nor any
governments can interference in its work.
 Currently Mr. Justice SS Kothari of Rajasthan state is sitting as Lokayukta.

Work
Corruption official abuse and inaction in the public domain relating to free and fair
investigations of complaints resolved through the agony of suffering and to
recommend actions against the accused are

 Prompt and impartial investigations to hold.

 Jurisdiction to ensure accountability
 To maintain proficiency in the performance of its functions.
 Problems and masses goal be to affiliate themselves to keep.

Appointment of Lokayukta and Up-Lokayuktas.

Section 3 of the rajasthan lokayukta act 1973 provides that For the purpose of
conducting investigations in accordance with the provisions of this Act, the
Governor shall, by warrant under his hand and seal, appoint a person to be known as
the Lokayukta and [may, by similar warrant, appoint] one or more persons to be
known as the Up-Lokayukta or Up-Lokayuktas;
 The Lokayukta shall be appointed after consultation with the Chief
Justice of the High Court and the Leader of the Opposition in the
Legislative Assembly, or if there be no such Leader, a person elected in
this behalf by the Members of the Opposition in that House in such
manner as the Speaker may direct;
 the Up-Lokayukta or Up-Lokayuktas shall be appointed after consultation
with the Lokayukta: Provided further that the first Up-Lokayukta shall be
the person who is holding the office of Vigilance Commissioner immediately
before the commencement of this Act.
 Every person appointed as the Lokayukta or an Up-Lokayukta shall, before
entering upon his office, make and subscribe, before the Governor, or

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some persons appointed in that behalf by him, an oath or affirmation in

the form set out for the purpose in the First Schedule.

QUALIFICATION:-

Sec 4 stated that Lokayukta and up-lokayukta shall not hold any office of profits:-

(a) The Lokayukta or an Up-Lokayukta shall not be a member of Parliament.

(b) if he is a member of Parliament or of the Legislature of any State, resign such

membership; or

(c) if he holds any office of trust or profit, resign from such office; or

(d) if he is connected with any political party, sever his connection with it; or

(e) it he is practising any profession, suspend practice of such profession.

Other conditions of service of Lokayukta and Up-Lokayuktas.–

TENURE
Every person appointed as the Lokayukta or an Up-Lokayukta shall hold, and every
person holding office at the commencement of the Rajasthan Lokayukta and Up-
Lokayuktas shall continue to hold office for a term of five years from the date on
which he enters upon his office.
Provided that the term of office of the first Up-Lokayukta shall be such as may
be fixed by the Governor but in no case it shall be fixed for a term exceeding five
years from the date on which he enters upon his office

RESIGNATION

 The Lokayukta or an Up-Lokayukta may, by writing under his hand addressed

to the Governor, resign his office;
 The Lokayukta or an Up-Lokayukta may be removed from office in the
manner specified in section 6.

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 If the office of the Lokayukta or an Up-Lokayukta becomes vacant, of if

the Lokayukta or an Up-Lokayukta is, by reason of absence or for any other
reason whatsoever unable to perform the duties of his office those duties
shall, until some other person appointed under section 3 enters upon such
office or, as the case may be, until the Lokayukta or such Up-Lokayukta
resumes his duties.

OTHER CONDITIONS:-

 where the office of the Lokayukta becomes vacant or where he is unable to

perform the duties of his office, by the Up-Lokayukta or if there are two or
more Up-Lokayuktas by such one of the Up-Lokayuktas as the Governor may
by order direct;
 where the office of the Lokayukta becomes vacant or where he is unable to
perform the duties of his office and there is no Up-Lokayukta, by a Judge
of the High Court of Judicature for Rajasthan nominated by the Chief
Justice of that High Court on a request of the Governor:

Provided that the Judge so nominated shall perform the duties of the
Lokayukta in addition to his own duties as a Judge of the High Court

 On ceasing to hold office, the Lokayukta or an Up-Lokayukta shall be

ineligible for further employment (whether as the Lokayukta or an Up-
Lokayukta or in any other capacity) under the Government of Rajasthan or
the Central Government, or for any employment under, or office in, any such
local authority corporation, Government company or society as is referred
to in sub-clause (iv) of clause

Removal of Lokayukta or Up-Lokayukta.-

Section 6 of the act provides us that Subject to the provisions of Article 311 of
the Constitution, the Lokayukta or an Up-Lokayukta may be removed from his
office by the Governor on the ground of misbehavior or incapacity, and on no other
ground:

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 In respect of Lokayukta shall only be held by a person appointed by the

Governor being a person who is or has been a Judge of the Supreme Court
or a Chief Justice of a High Court; and
 In respect of an Up-Lokayukta shall be held by a person appointed by the
Governor being a person who is or has been a Judge of the Supreme Court
or who is or has been a Judge of High Court.
 The person appointed above, shall submit the report of his inquiry to the
Governor who shall, as soon as may be, cause it to be laid before the House
of the State Legislature.
 Notwithstanding the Governor shall not remove the Lokayukta or an Up-
Lokayukta unless an address by the House of the State Legislature
supported by a majority of the total membership of that House and a
majority of not less than two-thirds of the members of that House present
and voting, has been presented to the Governor in the same session for
such removal.

Concept relating to complaints

section 9 of the act provides that (1) Subject to the provisions of this Act, a
complaint may be made under this Act to the Lokayukta or an Up-Lokayukta in the
case of an allegation, by any person other than a public servant:

Provided that, where the person aggrieved is dead or is for any reason unable to
act for himself, the complaint may be made by any person who in law represents his
estate or, as the case may be, by any person who is authorised by him in this
behalf.

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(2) Every complaint shall be made is such form and shall be accompanied by such
affidavits as may be prescribed.

(3) Notwithstanding anything contained in any other enactment, any letter written
to the Lokayukta or an Up-Lokayukta by a person in police custody, or in gaol or in
any asylum or other place for instance persons shall be forwarded to the
addressee unopened and without delay by the police officer or other person in-
charge of such gaol, asylum or other place and the Lokayukta or Up-Lokayukta, as
the case may be, if satisfied that it is necessary so to do, treat such letter as a
complaint made in accordance with the provisions of sub section (2).

Procedure in respect of investigations

sec 10 of the act provides that (1) Where the Lokayukta or an Up-Lokayukta
proposes (after making such preliminary inquiry as he deems fit) to conduct any
investigation under this Act, he-

(a) shall forward a copy of the complaint or, in the case of any investigation which
he proposes to conduct on his own motion, a statement setting out the grounds
therefore, to the public servant concerned and the competent authority
concerned;

(b) shall afford to the public servant concerned an opportunity to offer his
comments on such complaint or statement; and

(c) may make such orders as to the custody of documents relevant to the
investigation, as he deems fit.

(2) Every such investigation shall be conducted in private and in particular, the
identity of the complainant and of the public servant affected by the investigation
shall not be disclosed to the public or the press whether before, during or after
the investigation : Provided that, the Lokayukta or an Up-Lokayukta may conduct
any investigation relating to a matter of definite public importance in public, if he,
for reasons to be recorded in writing, thinks fit to do so.

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(3) Save as aforesaid the procedure for conducting any such investigation shall be
such as the Lokayukta or, as the case may be the Up -Lokayukta considers
appropriate in the circumstances of the case.

(4) The Lokayukta or an Up-Lokayukta may, in his discretion refuse to investigate

or cease to investigate any complaint involving an allegation, if in his opinion-

(a) the complaint is frivolous or vexatious, or is not made in good faith; or

(b) there are no sufficient grounds for investigating or, as the case may be, for
continuing the investigation; or

(c) other remedies are available to the complainant and in the circumstances of the
case it would the more proper for the complainant to avail of such remedies.

(5) In any case where the Lokayukta or an Up-Lokayukta decides not to entertain a
complaint or to discontinue any investigation in respect of a complaint, he shall
record his reasons therefor and communicate the same to the complainant and the
public servant concerned.

(6) The conduct of an investigation under this Act, in respect of any action shall
not affect such action, or any power or duty of any public servant to take further
action with respect to any matter subject to the investigation.

POWERS

(1) For the purpose of any investigation (including the preliminary inquiry, if any,
before such investigation) under this Act, the Lokayukta or an Up-Lokayukta may
require any public servant or any other person who in his opinion is able to furnish
information or produce documents relevant to the investigation to furnish any such
information or produce any such document.

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(2) For the purpose of any such investigation (including preliminary inquiry), the
Lokayukta or an Up-Lokayukta shall have all the powers of a civil court while trying
a suit under the Code of Civil procedure, 1908 (Central Act 5 of 1908), in respect
of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on
oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office

(e) issuing commissions for the examination of witnesses or documents;

(f) such other matters as may by prescribed.

(3) Any proceedings before the Lokayukta or an Up-Lokayukta shall be deemed to

be a judicial proceeding within the meaning of section 193 of the Indian Penal Code,
1860.

(4) No person shall be required or authorised by virtue of this Act, to furnish any
such information or answer any such question or produce so much of any document-

 as might prejudice the security or defence or international relations of

India (including India’s relations with the Government of any other country
or with any international organisation), or the investigation or detection of
crime; or

Staff of Lokayukta and Up-Lokayuktas

(1) The Lokayukta may appoint, or authorise an Up-Lokayukta or any officer

subordinate to the Lokyaukta or an Up-Lokayukta to appoint, officers and other
employees to assist the Lokayukta and the Up-Lokayuktas in the discharge of their
functions under this Act.

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(2) The categories of officers and employees who may be appointed under sub-
section (1), their salaries, allowances and other conditions of service and the
administrative powers of the Lokayukta and Up-Lokayuktas shall be such as may be
prescribed, after consultation with the Lokayuktas

(3) Without prejudice to the provisions of sub-section (1), the Lokayukta or an Up-
Lokayukta may for the purpose of conducting investigations under this Act utilize
the services of-

 Any officer or investigation agency of the State or Central Government

with the concurrence of that Government; or
 Any other person or agency.

Protection

No suit, prosecution or other legal proceedings shall lie against the Lokayukta
or the Up-Lokayukta or against any officer, employee, agency or person
referred to in section 14 in respect of any thing which is in good faith done or
intended to be done under this Act.

CERTAIN PERSONS ARE EXCLUDED

sec 22 of the act provide it that For the removal of doubts it is hereby declared
that nothing in this Act shall be construed to authorise the Lokayukta or an Up-
Lokayukta to investigate any allegation against-

(a) the Chief justice or any Judge of the High Court or a member of Judicial
Service as defined in clause

(b) of Article 236 of the Constitution;

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(c) any officer or servant of any court in India;

(d) the Accountant General, Rajasthan;

(e) the Chairman or a member of the Rajasthan Public Service Commission;

(f) the Chief Election Commissioner, the Election Commissioners and the Regional
Commissioners referred to in Article 324 of the Constitution and the Chief
Electoral Officer, Rajasthan State;

(g) any member of the Secretariat staff of the Rajasthan Legislative Assembly.

CONCLUSION

Any person (which itself is not a public servant) Secretariat ombudsman Principal
Secretary / Secretary / Deputy Secretary complaint with your presence or by
post / fax / e-mail is transmitted. In the complaint, the complainant's full name,
address and occupation of each charge (Allegation) must be marked with full
details. The complaint is a complaint against the public servant, the name and job
title, and the evidence will be presented to prove the complaint issues, the details
need to be hammered.
If the aggrieved person or the complainant's death or any circumstances he would
be unable to take action complaint can be made by any person who represents the
property or have been authorized for this purpose by the complainant.

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With every complaint 10/- to Rs. The non-judicial magistrate or notary public must
be verified by affidavit. Fax/e-mail in a position to transmit the complaint
affidavit by post must be sent separately.
Deranged persons in police custody or in prison or the complaint can be sheltered
from the Lokayukta. Police officer, in charge of the prison or the shelter would
send the complaint immediately to the Secretariat Lokayukta.
Even if India's count, but very fast growing economy as the issue of
corruption, we have to feel ashamed. It has limited our achievements. National and
public interest to be charged a huge amount of work is grabbed by corruption. It is
inexcusable crime. Corrupt officials stopped the path of progress and confidence
of the people is broken.

Reference

 http://lokayukta.rajasthan.gov.in/contact.aspx

 http://dop.rajasthan.gov.in/Content/AboutUs.aspx?

menu_id=215

 https://en.wikipedia.org/wiki/Lokayukta

 Administrative law- Dr. U.P.D. Kesari

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 Lecture on Administrative Law- C.K.Takwani

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