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
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:-
"Minister" means a member of the Council of Ministers
by whatever name called for the State of Madhya Pradesh.
A person having the rank of Minister but shall not include
Speaker and Deputy Speaker of the Madhya Pradesh Vidhan Sabha;
"Officer" means a person appointed to a public service
or post in connection with the affairs of the State of Madhya Pradesh.
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.
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.
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
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.