Inquiry Wing of Lokpal

Introduction to Lokpal's Inquiry Wing

Recently, the Lokpal has established an Inquiry Wing. This wing is tasked with conducting a preliminary probe into graft-related offences committed by public servants.

Legal Mandate and Purpose

The establishment of the Inquiry Wing is mandated by Section 11 of the Lokpal and Lokayuktas Act, 2013. This legal backing ensures its operational legitimacy and authority.

Its primary responsibility is to conduct preliminary inquiries into offences falling under the Prevention of Corruption Act, 1988. These allegations are specifically against specified public servants and functionaries.

Organizational Structure of the Inquiry Wing

The Inquiry Wing is headed by a Director of Inquiry, who reports directly to the Lokpal Chairperson. This ensures direct oversight and accountability.

The Director is supported by three Superintendents of Police (SPs), each specializing in different areas:

• SP (general): Handles a broad range of corruption cases.
• SP (economic and banking): Focuses on financial and banking-related irregularities.
• SP (cyber): Deals with cyber-related corruption and digital fraud.

Each SP is further assisted by dedicated inquiry officers and other essential staff, forming a comprehensive investigative team.

Preliminary Inquiry Timeline and Reporting

The Inquiry Wing operates under a strict deadline. It must finalize its preliminary inquiry and submit a detailed report to the Lokpal within 60 days of receiving a complaint.

This report is crucial and must incorporate feedback from both the public servant against whom the allegations are made and the designated competent authority for that category of public servant.

Key Facts about Lokpal: An Overview

The Lokpal is a landmark institution in independent India, specifically created to combat corruption among public functionaries. It represents a significant step towards greater accountability.

Composition of the Lokpal

The Lokpal body comprises a Chairperson and up to eight Members. A critical provision is that at least 50% of these members must be Judicial Members.

Both the Chairperson and Members are appointed by the President of India. They serve for a term of five years or until they reach the age of 70 years, whichever occurs earlier.

Organizational Structure of Lokpal (Broader)

Beyond the Inquiry Wing, the Lokpal operates through two primary branches to manage its extensive functions:

• Administrative Branch: Headed by an officer of the rank of Secretary to the Government of India, managing operational and logistical aspects.
• Judicial Branch: Led by a Judicial Officer of an appropriate level, overseeing legal and adjudicatory processes.

Jurisdiction of Lokpal

The Lokpal possesses broad authority to investigate corruption allegations across various levels of public functionaries. Its reach is extensive to ensure comprehensive oversight.

Key individuals and groups under its purview include:

• The Prime Minister
• Union Ministers
• Members of Parliament (MPs)
• Officials in Groups A, B, C, and D of the Union Government

Furthermore, its jurisdiction extends to chairpersons, members, officers, and directors of any board, corporation, society, trust, or autonomous body. This includes entities established by an Act of Parliament or those significantly funded by the Union or State Government.

Proceeding of Lokpal

Upon receiving a complaint, the Lokpal has several avenues for action. It may directly order a preliminary inquiry through its newly constituted Inquiry Wing.

Alternatively, the Lokpal can refer the matter to other specialized agencies, such as the Central Bureau of Investigation (CBI) or the Central Vigilance Commission (CVC), depending on the nature and scope of the allegations.

For officials in Groups A and B, the CVC sends a detailed report back to the Lokpal after its investigation. For officials in Groups C and D, the CVC takes direct action under the provisions of the CVC Act, 2003.

Functions of Lokpal: The Ombudsman Role

The Lokpal performs the vital function of an "ombudsman". It inquires into allegations of corruption against specific public functionaries and addresses related matters.