NEW DELHI, Jan 29:
Seeking to adopt a middle path, the government has agreed to delink state Lokayukta from the central legislation and to the appointment of the Director of Prosecution by the CVC, accepting some key recommendations of the Rajya Sabha Select Committee on anti-corruption ombudsman.
However, it has not favoured another key recommendation of the panel that an official facing an inquiry from the Lokpal not be given an opportunity to be heard at the stage of the preliminary enquiry.
The amendments to the Lokpal Bill are likely to be considered by the Union Cabinet on Thursday.
The proposal of the Department of Personnel (DoPT) is however, silent on the appointment of the CBI chief by an independent collegium comprising the Prime Minister, Leader of the Opposition in the Lok Sabha and the Chief Justice of India.
The Select Committee had in November recommended delinking the creation of Lokayuktas from the Lokpal Bill.
It had said State Governments will have to set up their own ombudsman through enactment of law by State legislatures within one year of enforcement of this law.
On the issue of giving opportunity to an official to present his or her view, the Government felt that such a protection was required and depriving the officials facing allegations the opportunity to present their views was against the “principle of protection”.
Another recommendation made by the committee was that when an officer investigating a case is sought to be transferred for any reason, prior approval of the Lokpal should be required.
The DoPT was earlier opposed to the proposal and had suggested an amendment saying transferring any official would remain the exclusive right of the Government as it was an administrative matter.
But now, the government is learnt to have accepted the recommendation, agreeing that the Lokpal will be kept in the loop while transferring officials investigating cases at the behest of the ombudsman.
Once the Cabinet approves the proposal, the amendments will be put to vote in the Rajya Sabha where the measure is stuck since last year.
The Bill has already been passed by the Lok Sabha but the Government’s efforts to provide Lokpal with Constitutional status did not succeed in the lower house. (PTI)
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