The long-delayed Odisha Lokayukta Bill pending formal notification since 2015 has become a major embarrassment for Chief Minister Naveen Patnaik not only for its three-year delay but also the contents or provisions which fall far short of the desired anticorruption institution.
The Odisha Lokayukta Bill was passed in a hurry in 2014 and CM Naveen Patnaik staked claim to being the first to do so after the Jan Lokpal movement of Anna Hazare. In the process key provisions were missed out.
Odisha Lokayukta Abhijan, a civil society body and others like Rajendra Prasad Singh, Debesh Das, Khiord Rout, Chittaranjan Mohanty, Chittaranjan Behera analysed the Odisha Lokayukta Bill and said it is a lame duck that will be created.
The parent Lokpal Act 2013 has provisions for reconstitution and empowerment of the CBI to make it a autonomous body under the control of the Lokpal but in Odisha the bill leaves the Director of Vigilance under the government and appointment of the director done by the government.
All officers in the prosecution wing of the vigilance are appointed by the government an are subject to transfers as and when desired by the state government. No approval of Lokayukta is needed before transfer of a vigilance officer investigating a case.
A provision for an additional panel of lawyers as envisaged in the partent Lokpal Act of 2013 is missing in the Odisha Lokayukta Bill 2014. The Odisha Right to public services act is in force but unlike the parent act, the Odisha Lokayukta Bill is not make the final appellate authority.
The civil society groups have petitioned President Ram Nath Kovind in this regard and requested for immediate constitution of Lokpal at the Centre and necessary amendment to Odisha’s Lokayukta Bill in conformity to the parent law.
It is pertinent to note that the budget session of Odisha Assembly which concluded yesterday was dominated by the Opposition leaving CM red faced on the Lokayukta issue.
Leader of Opposition and former law minister Narasingha Mishra nailed the government for not making the Lokayukta functional despite having passed the Bill in 2014 and receiving the Presidential assent in 2015.
For three years, the clean and transparent CM has been sitting over the act and has not even issued the notification in this regard, charged Mishra. Mishra alleged that the BJD government had ‘cheated’ everyone including the Supreme Court which in its order, based on an affidavit filed by Odisha government, had said the Lokayukta Act is in force in Odisha and rules are being framed.
If it is in force since 16 January 2015 produce the concerned gazette notification, Mishra said while asserting that it is not been in force as stated by the Supreme Court on the basis of whatever affidavit was placed in court by Odisha government.
This clearly shows that the Odisha government has mislead and be-fooled everyone, he alleged. The government was left running for cover before finally stating after three days that it will move the apex court seeking modification to the order.