HC sets aside petition seeking to bring Delhi govt officers under Lokayukta Act

HT Correspondent

NEW DELHI: The Delhi high court on Thursday dismissed a plea for the inclusion of officials working with the state government within the scope of the Lokayukta Act, 2013, and said it cannot direct the legislature to enact or amend any law.

A bench of acting chief justice Vipin Sanghi and justice Sachin Datta said that Lokayukta Act requires the appointment of a Lokayukta in every state and the same has been done in Delhi under the Delhi Lokayukta and Upalokayukta Act, 1995.

The court also noted that the Prevention of Corruption Act is available with the authorities in case they want to book any government official for corruption.

The plea was filed by an NGO, Help India Against Corruption, seeking directions to the Delhi government to implement the Lokpal and Lokayukta Act in Delhi so as to enable the Lokayukta to deal with complaints relating to corruption against certain public functionaries.

The plea said in Delhi, the Delhi Lokayukta and Upalokayukta Act were in force prior to the enactment of the Lokpal and Lokayukta Act, 2013, but it only covered the politicians of Delhi and does not cover employees of the Delhi government and other civic agencies. “Justice RN

Aggarwal was appointed as the first Lokayukta of Delhi on December 1, 1997, thereafter on December 17, 2015, Justice Reva Khetrapal was appointed as fourth Lokpal of Delhi who has demitted the office on December 16, 2020, and since then, no Lokayukta has been appointed,” the plea said.

Delhi government standing counsel Santosh Kumar Tripathi submitted that retired Jharkhand high court judge justice Harish Chandra Mishra has been appointed as Lokayukta of Delhi and he has assumed charge on March 23. Accordingly, the plea was dismissed.

THE PLEA SOUGHT IMPLEMENTATION OF THE ACT SO AS TO ENABLE THE LOKAYUKTA TO DEAL WITH COMPLAINTS CORRUPTION AGAINST PUBLIC FUNCTIONARIES