In a significant order , the Lokpal of India has ruled that it does not have the authority to investigate complaints against officials of the Union Public Service Commission (UPSC), an authority established by the Constitution of India.
A bench led by chairperson Justice AM Khanwilkar with members Justice L Narayana Swamy, Justice Sanjay Yadav, Sushil Chandra, Pankaj Kumar and Ajay Tirkey noted that UPSC has been established by the Constitution and not through an act of the parliament.
It ruled that unless Group A, B, C, and D officials/officers or equivalent are serving or have served, “in connection with the affairs of the Union”, they are outside Lokpal’s jurisdiction.
“In other words, by virtue of Section 14, the Lokpal has jurisdiction to inquire or cause an inquiry to be conducted into any matter involved in, or arising from, or connected with, any allegation of corruption made in a complaint in respect of any Group 'A' Group 'B' Group 'C' orGroup'D'official/ officers or equivalent or above, from amongst the Public Servants defined in sub-clauses (i) and (ii) of clause (c) of Section2 of the PC Act of1988 (i.e.any person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty and any person in the service or pay of a Local Authority), when serving or who has served, in connection with the affairs of the Union,” the Lokpal observed.
The Bench rendered these findings while dealing with a complaint filed against the Secretary and Additional Secretaries of the UPSC.The complainant had argued that these officers, being Group ‘A’ officials of the Central Government, fall within the scope of “public servants” and thus could be investigated by the Lokpal. Rejecting this contention, the Lokpal said that the complaint is against the officials of UPSC who are not amenable to its jurisdiction under Section 14 of the Lokpal Act. Therefore, the Bench dismissed the plea.
A Lokpal is an anti-corruption authority or body of ombudsman who represents the public interest in the Republic of India. The current Chairperson of Lokpal is Ajay Manikrao Khanwilkar. The Lokpal has jurisdiction over central government, anyone who is or has been Prime Minister, or a Minister in the Union government, or a Member of Parliament, as well as officials of the Union government under Groups A, B, C and D. Also covered are chairpersons, members, officers and directors of any board, corporation, society, trust or autonomous body either established by an Act of Parliament or wholly or partly funded by the Centre.
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