UPSC Officials Not Under Lokpal's Jurisdiction: Lokpal Of India

While deciding a complaint lodged against Secretary and Additional Secretaries of the Union Public Service Commission (UPSC), the Lokpal of India held that Group A, B, C and D officers or those equivalent serving in connection with the affairs of UPSC are not amenable to Lokpal's jurisdiction.The Anti-corruption Ombudsman had earlier asked the complainant to explain as to how UPSC officials are covered by Section 14 of the Lokpal and Lokayuktas Act, as the UPSC is established by the Constitution and not by an Act of the Parliament. Section 14 states the jurisdiction of Lokpal which includes Prime Minister, Ministers, members of Parliament, Groups A, B, C and D officers and officials of Central Government. To this complainant filed an affidavit stating that Secretaries and Additional Secretaries of the UPSC are "Group 'A' Officers of the Central Government" hence are amenable to the Lokpal's jurisdiction. The order delivered by a 6-member coram led by Chairperson Justice A.M. Khanwilkar states:"...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' or Group 'D' official/officers or equivalent or above, from amongst the Public Servants defined in sub-clauses (i) and (ii) of clause (c) of Section 2 of the PC Act of 1988 (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. Thus, unless Group A, B, C, and D officials/officers or equivalent thereto are serving or have served, in connection with the affairs of Union, such person (s) are not amenable to the jurisdiction of Lokpal under Section 14 of the Act of 2013"For context, Section 14(d) and (e) lists the public servants covered by Lokpal's jurisdiction–Group A, B, C and D officers or those equivalent as defined under Prevention of Corruption Act "when serving or who has served, in connection with the affairs of the Union". The order states that in the present case, it was apparent from the complaint that the allegations were made against the Secretary and Additional Secretaries in respect of certain acts allegedly done while they are serving in connection with the affairs of the UPSC "and not of the Union"."In view whereof, in our considered opinion, they are not amenable to our jurisdiction under Section 14 of the Act of 2014," the order states. The complaint was thus disposed of giving liberty to the complainant to avail remedy under any other law.Complaint No. 194/2025Click Here To Read/Download Order

UPSC Officials Not Under Lokpal's Jurisdiction: Lokpal Of India

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