NEW DELHI: The government has rejected key recommendations unanimously made by Parliament's select committee on the powers to be vested in the proposed Lokpal, potentially setting the stage for another round of confrontation with the opposition and civil society on the contentious issue of the anti-graft watchdog's mandate.
Sources said the department of personnel and training (DoPT) under the prime minister turned down the select committee's recommendation that an official facing an inquiry from the Lokpal not be given an opportunity to be heard at the stage of preliminary enquiry: that is, before a case is lodged. The DoPT also rejected the suggestion that officers on a particular probe not be transferred without Lokpal's consent when the investigation was on. The government insisted that the Lokpal must seek the comments of the public servant against whom it may be conducting an enquiry.
The resistance from the government will delay passage of the Lokpal bill which has remained stuck in Rajya Sabha for almost a year, and prolong the interminably long wait for an ombudsman.
The government changed Clause 20(3) of the version of Lokpal bill cleared by the select committee - an all-party body of the Rajya Sabha -- in order to provide an opportunity to public servants under Lokpal's scanner to be heard during preliminary enquiry; an exercise which is done discreetly to ascertain whether a prima facie case exists or not. The committee was of the view that no such opportunity need to be given to the public servant at this (PE) stage.
The government also changed Clause 20(2) of the bill making it mandatory for the inquiry wing of the Lokpal or other investigating agencies to seek comments from public servants facing allegations of corruption. The select committee had used the formulation "may", leaving the issue of whether to seek comments to Lokpal's discretion.
Another key suggestion made by the committee was that when an officer investigating a case is sought to be transferred for any reason, the prior approval of Lokpal should be required. The government rejected this proposal, and brought in an amendment saying transferring any official would remain the exclusive right of the government. Such powers couldn't be given to the Lokpal as this was the prerogative of the government and these were purely administrative issues, sources said.
Last winter, the Lok Sabha had approved the Lokpal bill amid walkout from the Left, SP and BSP. With fresh changes, it may require approval of the lower House once again which may not be possible in this session even if it is passed by the upper House as the current session comes to an end on December 21.
The government has mostly agreed to other recommendations of the select committee which has delinked the creation of Lokayuktas in states and exempting the PM from the ambit of Lokpal on matters of security, atomic energy and international relations.
Govt rejects panel’s key suggestions on Lokpal
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Govt rejects panel’s key suggestions on Lokpal
