The much-hyped report of the Lokayukta is all set to be made public. While political parties in Karnatka are discussing ways of getting the upper hand, it is Governor H R Bhardwaj who will play a major role once this report is released.
Although such reports can be challenged legally and stays sought, the first course of action which the Governor would take would rely heavily on Sections 12 and 13 of the Lokayukta Act.
Section 12
It states that if after the investigation of any action, if the Lokayukta is satisfied, then he shall recommend to the concerned authority in writing, that injustice or hardship shall be remedied or redressed in such manner and within such time as may be specified in the report.
Once such a recommendation is made, the competent authority shall within a month intimate that action has been taken. However if the Lokayukta or the Upa Lokayukta is not satisfied with the action, then he can recommend to the governor by way of a special report to take action against the accused.
On receipt of the special report under sub-section (5) the governor shall cause a copy thereof together with an explanatory memorandum to be laid before each house of the state legislature.
The Lokayukta or an Upa Lokayukta may at his discretion make available, from time to time, the substances of cases closed or otherwise disposed of by him, which may appear to him to be of general, public, academic or professional interest in such manner and to such persons as he may deem appropriate.
Section 13
Section 13 is another aspect that will be under play once this report is out. This section deals with the laws about a public servant having to vacate office if directed by the Lokayukta.
If the Lokayukta finds a substantial charge against a public servant, he can seek that the person be vacated from office. In such a case the Lokayukta by way of a declaration under sub-section (3) can recommend to the competent authority that the public servant be vacated from office.
In such cases the competent authority is either the chief minister of the governor. However, in the instant case it would be the governor since the chief minister finds a mention of himself in the report. The competent authority is at liberty to accept such a declaration or reject it.
While the Lokayukta report would have its findings and also recommendations, it would be left entirely up to the government to act upon it. The government is at a liberty to either act on the report or reject it.
However, this time around it would not be that easy, thanks to a proactive governor in the state who is vested with a lot of powers where the Lokayukta act is concerned. Once the report is submitted and if a copy of the same is given to the governor, then he will use Sections 12 and 13 to act on the report.
So what happens then?
The competent authority shall send a copy of such report to the state government, which may either accept or reject the declaration. If it is not rejected within a period of three months from the date of receipt of the report, it shall be deemed to have been accepted on the expiry of the said period of three months.
Once the report is accepted, then the same shall be intimated to the governor by way of registered post, the rule also goes on to state.
