Anti-graft panel for transfer of officials within a week
SHILLONG: The Chairperson of Meghalaya Lokayukta, P K Musahary, has pulled up the state government for interfering and undermining his authority after he ordered a CBI probe into the coal racket case.
In the official order on Monday, the Lokayukta has asked the government to effect the transfer of officials named in the petition of the complainant, within one week and wanted the action taken report from the Chief Secretary in this regard.
The copy of the order was sent on Monday to the CBI, chief secretary, secretary of political department and DGP for necessary action.
The official direction was after the political department challenged the January 10 order of the anti-graft panel to transfer the officials to facilitate a fair probe by the CBI into the coal racket case. The government wanted either to modify or recall the order and questioned the jurisdiction of CBI and the authority of Lokayukta.
However, the Lokayukta said by opposing CBI inquiry and demanding a probe by state police agency exclusively, the government has exposed its sinister design to overstep on the power of the Lokayukta in making a preliminary inquiry through a central investigation agency and thus sought to reduce the Lokayukta to a pawn or cipher with no independent power to function as a statutory anti-corruption authority.
“ If the present sort of interference of the state political department is not checked, the object of the Lokayukta would be frustrated. Here is a need for a check on the purported undue interference of the state”, the Lokayukta said.
According to the Lokayukta, there is no dispute that as per the provisions under the Central Act, the Lokpal at the Centre and the Lokayuktas in states are constitutional bodies.
They have constitutional status with authorities to receive complaints, adopt mechanism and supervise the inquiries in the matter of corruption. There is no logic in requiring the constitutional authorities like Lokayuktas to seek permission or consent from the state government, the Lokayukta said.
Earlier, in the petition, the political department, while referring to Delhi Special Police Act, had pointed out that the CBI has no jurisdiction to investigate matters within the territory of a state without the consent or request of the concerned state government.
Rejecting the argument on the need to seek approval or consent of the state government for ordering or
referring the complaint on corruption to the CBI, the Lokayukta said the scheme of the Central Act read with the objects of the Act do not support the argument advanced by the counsel of the political
department.
“If the Lokayukta has to function as submitted by the government, the independence of the independent authority and functioning would stand curtailed because the Lokayukta would be able to take up the complaints of corruption as desired by the state only. There is a chance of pick and choose in giving consent or approval by the state for making preliminary inquiry through central investigation agencies in corruption cases”, Musahary said.
Referring to cases under the Delhi Special Police Act, Musahary said those were not under the Lokpal and Lokayukta Act and hence they have no application in the state.
“I cannot afford to act against the scheme of the Lokayukta Act and principle of zero tolerance. The instant approach of the government to dilute the whole thing makes me intolerant. I cannot be tolerant to the interference of the state.”
“The facts and circumstances do not warrant recalling of the order passed earlier”, the Lokayukta said.
He, however, made it clear that the CBI inquiry will be confined to Meghalaya and its officials and functionaries.
“It is also clarified that the state government shall effect transfers of officials/functionaries, particularly the DSPs, Circle Inspectors, Officers-in-Charge posted at the police stations, outposts at the places mentioned in the petition and who have been working for more than one year immediately within a week”, the order said .