Corruption in administration and public life hinders development. To combat corruption by creating the institution of Lokayukta as an independent anti-corruption ombudsman, the State of Odisha as apioneer State enacted the Odisha Lokayukta Act, 2014. The Odisha Lokayukta Act,2014 came into force with effect from 7th July, 2018 & the body of the Lokayukta has been established with effect from 28th February, 2019 vide the Government of Odisha Gazette Notification No. 6523- 1- Legis- 3/2014/L, dated 23rd June, 2018.
The Odisha Lokayukta Act provides for the establishment of a body of Lokayukta for the State of Odisha to enquire into allegations of corruption against certain public functionaries and matters connected therewith or incidental thereto. It is committed to address concerns and aspirations at the State level for clean governance. It shall make all efforts within its jurisdiction to serve the public interest and shall endeavour to use the powers vested in it to eradicate corruption in public life. Thus, the object of appointing Lokayukta is to ensure highest standards of integrity in public services, eradication of corruption in public life and ensure transparency in governance. The very existence of the Lokayukta helps to generate a feeling of assurance among the public at large that they have a mechanism to fall back upon, when faced with corrupt practices in public life and administration.
Jurisdiction and Functions of Lokayukta:
The Lokayukta has jurisdiction to inquire into allegations of corruption against any person who is or has been a Chief Minister or any other person who is or has been a Minister of the State or who is or has been a Member of Odisha Legislative Assembly. Also coversthe Chairpersons, Members of a Panchayat or a Municipality or Employee of the State who is serving or has served in connection with the affairs of the State referred to in Sub clauses (i) &(ii) of clause (c) of Section 2 of the Prevention of Corruption Act, 1988.The Lokayukta has been empowered to conduct enquiry in respect of the allegations of corruption by the public servant of the State of Odisha serving in and outside the State and the public servants under the control of Government of Odisha as per Sub-section (3) of Section-1 of the Odisha Lokayukta Act, 2014.
A complaint under the Lokayukta Act must pertain to allegations of corruption which constitute an offence under the Prevention of Corruption Act, 1988 or the Acts by which the conduct rules are violated. There is no restriction on who can make such a complaint. When a complaint is received, the Lokayukta may order a preliminary inquiry by its Inquiry Wing or any other Agency, or refer it for investigation by any Agency, if there is a prima facie case. Before ordering for an investigation by an Agency, the Lokayukta shall call for an explanation from the public servant to determine whether a prima facie case exists.
The Lokayukta is vested with the power of search and seizure and also powers under the Civil Procedure Code for the purpose of conducting preliminary inquiry and the power of attachment of assets and takingotherstepsforeradicationofcorruption.
The Lokayukta shall provide legal assistance to every person against whom a complaint has been made to defend his case before Lokayukta, if he so desires.
Lokayukta will have power of superintendence and direction over any investigating agency in respect of cases referred to it by the Lokayukta for investigation.
