The controversy over the irreverent sacking of the officials of the LokAyukta who were investigating the wrongdoings in the Garo Hills District Council following a complaint from a citizen, has taken an unsavoury turn with the Voice of People’s Party taking on the Government head-on. If the very appointment of the officials of the Lok Ayukta, namely the director of enquiry and prosecution have to be serving government officials then it follows that they would be part of the LokAyukta with their hands tied. If the Director of Enquiry and Prosecution and other officials have to be non-retirees and as claimed by the government, they were appointed for an interim period, then why were they only removed after they had charge-sheeted the Mahendraganj MLA Sanjay A. Sangma for anomalies in the construction of an MDC hostel in Garo Hills? Why was the Government blind to the fact that the LokAyukta rules demand that the appointees should be serving government officials.
The Meghalaya LokAyukta Act states that no sanction or approval of any authority shall be required by the Lokayukta for conducting investigation by any agency in respect of the cases investigated by such agency on the direction of the Lokayukta, under section 197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988, as the case may be, for the purpose of making preliminary inquiry by the Inquiry Wing or investigation by any agency into any complaint against any public servant or for filing of any charge sheet or closure report on completion of investigation in respect thereof before the Special Court under this Act.
To that extent therefore the institution of LokAyukta enjoys a certain independence but it also depends whether the appointed LokAyukta is asserting that independence. The Act provides for a Selection Committee for selecting the LokAyukta. The Committee comprises the Chief Minister as chairperson. Members include the Speaker of the Legislative Assembly; the Leader of Opposition; the Chief Justice or a Judge of the High Court of Meghalaya; an eminent person nominated by the Governor. The Chairperson and Members shall be appointed by the Governor after obtaining the recommendations of the Selection Committee. The Selection Committee constitutes a Search Committee comprising of at least five persons of standing and having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law, and management, or in any other matter which, in the opinion of the Selection Committee, may be useful in making selection of the Chairperson and Members of the Lokayukta. With so much oversight, how did the Government overlook the fact that retired personnel were carrying on with their jobs until they nailed the person behind the GHADC scam? The Government needs to convince the public why it needed to sack the person/s behind the investigation and prosecution at this juncture and what happens to the chargesheet now? Should it not stand scrutiny merely because the investigation was conducted by retired personnel?
