SC Asks 10 States, One UT To Expedite Lokayukta Appointment Process; Affidavits Explaining Delay Filed [Read Order]

Governments of ten states and one union territory to whom the Supreme Court bench headed by Justice Ranjan Gogoi had on March 23 asked pointed questions regarding the delay in appointment of Lokayukta explained the progress made in this direction by filing affidavits.While Meghalaya, Mizoram, Nagaland, Odisha, Manipur, Telengana and Arunachal Pradesh were asked by the bench to expedite the process when told by their counsels that the “process was on”, Jammu and Kashmir said it was considering the appointment.Puducherry told the bench of Justices Gogoi and R Banumathi that a law will be enacted. West Bengal and Tamil Nadu said they were engaged in the process of reviewing the state Lokayukta Act for this purpose.All the governments have been directed to file fresh status reports on July 10, the next date of hearing. Tripura informed that a Lokayukta has been appointed.ORDER REGARDING EACH STATEMEGHALAYA We have considered the affidavit filed on behalf of the State of Meghalaya and have taken note of the contents thereof. As, admittedly, the process for appointment of Lokayukta under the Meghalaya Lokayukta Act, 2014 is presently on all that the Court would be required is to direct the concerned Authority in the State of Meghalaya to expedite the process. We accordingly direct that appointment of Lokayukta in the State of Meghalaya be finalized at the earliest. Report of compliance be filed on or before the next date fixed i.e. 10th July 2018.MIZORAMThe affidavit filed on behalf of the State of Mizoram has been tendered in Court. We have perused the same and have heard the learned counsel for the State. It is stated that the Search Committee has completed the requisite task and a panel of 4 (four) persons have been forwarded to the Selection Committee for the recommendation for appointment. It is also stated that the provision for infrastructure including manpower is 6 currently pending before the Finance Department of the Government of Mizoram. The Court would expect all the necessary formalities in this regard to be completed and Office of the Lokayukta to commence functioning from 1st July, 2018. List the matter again on 10th July, 2018 for consideration of the report of compliance to be submitted on behalf of the State of Mizoram.NAGALAND We have perused the affidavit filed on behalf of the State of Nagaland wherein it has been stated Nagaland Lokayukta Act, 2017 has been published and notified in the Nagaland Gazette dated 31st day of January, 2018. List the matter again on 10th July, 2018 for consideration of the report of compliance to be submitted on behalf of the State of Nagaland. JAMMU AND KASHMIRThe affidavit filed on behalf of the State of Jammu & Kashmir has been duly considered. The matter will be considered again on 10th July, 2018. PUDUCHERRY In the affidavit filed by the Chief Secretary of the Government of Puducherry it has been stated as follows: “ I respectfully submit that in light of advice of Ministry of Personnel, Public Grievances & Pensions, Dept. of Personnel & Training, New Delhi, the Government of Puducherry is considering the matter of enactment of separate law providing for Lokayukta in the Union Territory of Puducherry. I respectfully submit that as this process requires time including for consultation/approval with Ministry of Home Affairs, Government of India, I pray for the extension of time of six months in the matter.” The Government of Puducherry to expedite the process of appointment and intimate to this Court on 10th July, 2018 the progress made till that date.TAMIL NADUWe have considered the affidavit filed by the Chief Secretary of the State of Tamil Nadu. We have heard the learned counsel appearing for the State. In the affidavit filed it is stated that the Vigilance and Anti-Corruption Directorate of the Government of Tamil Nadu is presently functioning and as envisaged under 8 the Lokpal and Lokayuktas Act, 2013 the Directorate has an Inquiry Wing and a Prosecution Wing. We do not see what relevance the constitution of the Vigilance Commission and its functioning would have on the necessity of having the institution of Lokayukta under the Lokpal and Lokayuktas Act, 2013. In paragraph 12 of the said affidavit it is stated on behalf of the State of Tamil Nadu that the State is closely monitoring and keenly observing the fate of the Amendment Bill to the Lokpal and Lokayukta Act, 2013 (Central Act) which is presently under consideration of the Inter-Ministerial Committee (Group of Ministers) of the Government of India. It is also stated in the aforesaid paragraph of the affidavit that the State of Tamil Nadu is awaiting the establishment of the institution of Lokpal at the Centre to enable the State to take appropriate action and to avoid repugnancy. This Court by its judgment/order dated 27th April, 2017 passed in Writ Petition (Civil) No.245 of 2014 [Common Cause: A Registered Society vs. Union of India]1 had already expressed the view that the appointment of...

SC Asks 10 States, One UT To Expedite Lokayukta Appointment Process; Affidavits Explaining Delay Filed [Read Order]

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