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WHO CAN MAKE A COMPLAINT ?

Any person aggrieved by an action of a public functionary can file a complaint. Besides any other person even if not aggrieved can also send a complaint to the Lokayukt for enquiry if he feels that any public servant is guilty of an allegation described in the Madhya Pradesh Lokayukt Evam Up-Lokayukt Adhiniyam, 1981. Under this Adhiniyam there is no bar against any government servant filing complaint against another government servant. A complaint may be presented to the Secretary to the Lokayukt or can be sent under registered post. Lokayukta may order an enquiry suo-motu also.

AGAINST WHOM A COMPLAINT CAN BE MADE ?

A complaint can be made against any public servant defined in Section 2 (g) of the Lokayukt Evam Up-Lokayukt Adhiniyam, 1981. According to this sub-section the following functionaries have been defined as public servant:-

Section 2(e) Chief Minister, Deputy Chief Minister, Minister, Minister of State, Deputy Minister, Parliamentary Secretary and shall include Neta Pratipaksha.

Sec. 2(g) "Public servant"; means a person falling under any of the following categories, namely:-

i.

"Minister" means a member of the Council of Ministers by whatever name called for the State of Madhya Pradesh.

ii.

A person having the rank of Minister but shall not include Speaker and Deputy Speaker of the Madhya Pradesh Vidhan Sabha;

iii.

"Officer" means a person appointed to a public service or post in connection with the affairs of the State of Madhya Pradesh.

iv.

An officer of an Apex Society or Central Society with the meaning of clause(1-1) ,read with clauses (a-1),(c-1)and (z) of Section 2 of the Madhya Pradesh Co-operative Societies Act, 1960.

v.

Any person holding any office in, or any employee of:-

A Government Company within the meaning of section 617 of the Companies Act, 1956; or

A Corporation or Local Authority established by State Government under a Central or State enactment.

vi.

Up-Kulpati, Adhyacharya and Kul Sachiva of the Indira Kala Sangit Vishwavidyalaya constituted under section 3 of the Indira Kala Sangit Vishwavidyalaya Act, 1956. (Needs to be deleted because of the bifurcation of the State)

Kulpati and Registrar of the Jawaharlal Nehru Krishi Vishwavidyalaya constituted under section 3 of the Jawaharlal Nehru Krishi Vishwavidyalaya Act, 1963.

Kulpati, Rector and Registrar of the Vishwavidyalaya constituted under section 5 of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973.

WHAT IS AN ALLEGATION ?

A complaint can be made against any public servant with regard to an allegation which is defined in Sub-section (b) of Section 2 of Madhya Pradesh Lokayukt Act, 1981. The definition of allegation is re-produced below:-

"allegation" in relation to a public servant means any affirmation that such public servant,

(i)has abused his position as such to obtain any gain or favour to himself or to any other person or to cause undue harm to any person;

(ii)was actuated in the discharge of his functions as such public servant by improper or corrupt motives;

(iii)is guilty of corruption; or

(iv)is in possession of pecuniary resources or property disproportionate to his known source of income and such pecuniary resources or property is held by the public servant personally or by any member of his family or by some other person on his behalf.

FORM AND CONTENTS OF COMPLAINT

According to the rules a complaint should be signed by the complainant and shall be made in form-1. Although the rules prescribe a form in which the complaint has to be presented but a complaint on a plain paper is acceptable provided it contains adequate information to hold an enquiry. Such a complaint should invariably contain name and post held by the non-applicant, particulars of the allegations which are required to be enquired into and name and address of the complainant. A complaint may be presented to the Secretary to the Lokayukta or can be sent under a registered cover. The complaint should contain adequate and precise particulars to show that the case is covered within the expression 'allegation' as defined in Section 2 (b) of the Madhya Pradesh Lokayukt and Up-Lokayukt Act, 1981. The complainant is expected to verify facts and make correct averments after obtaining the relevant information by resorting to the provisions of the Right to Information Act and to annex with the complaint the relevant documents so obtained.

REQUIREMENT OF AFFIDAVIT AND FEES

In case the complaint is against a Minister (including Chief Minister) or Secretary (including Additional Chief Secretary, Principal Secretary or Additional Secretary) it shall be accompanied by an affidavit in Form-II in support of its contents. In case of a complaint against other categories of public servants, the complainant is required to submit affidavit in Form-II only if directed to do so by the Lokayukt or Up-Lokayukt.

The rules also prescribe that a fee of Rs.25/- shall be paid in judicial stamps for filing a petition of complaint against any Minister or Secretary. In case of complaint against other categories of public servants, the complainant is required to pay a fee in judicial stamps only if directed to do so by the Lokayukt or Up-Lokayukt.

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