In terms of provisions under Section 14, of the Lokpal and Lokayuktas Act, 2013 a complaint can be filed against-
The name of the complainant and the public servant is not disclosed unless it is necessary to conduct the preliminary inquiry.
Yes. The Email/Mobile No. of the complainant will be kept confidential and will not be used for any other purpose, except for communicating with the complainant in connection with his/her complaint.
According to the form appended with the Lokpal (Complaint) Rules 2020, notified on 02.03.2020, a complaint can be filed by any-
Yes, he/she has to attach a photocopy of his/her passport as proof of identity.
No. The complaints can be filed only against any offence alleged to have been committed by a public servant under the Prevention of Corruption Act, 1988 before the Lokpal of India.
In terms of provisions under 2(e) of Lokpal and Lokayukta Act, 2013 complaints can be filed against any offence alleged to have been committed by a public servant under the Prevention of Corruption Act, 1988. These offences are described under Sections 7, 7A, 8, 9, and 13 of the Prevention of Corruption Act, 1988.
A complaint may be filed with the office of Lokpal of India in the “Form of the complaint” given in the annexure of Lokpal (Complaint) Rules 2020, notified on 02.03.2020 which can be downloaded from the website of the Lokpal of India (https://lokpal.gov.in/pdfs/gazzette_notification.pdf).
A fillable complaint form is also available at (https://lokpal.gov.in/pdfs/complaint_form.docx). The form can be sent to the office of Lokpal in any of the following manners-
A separate sheet of Part C is to be enclosed with the complaint form for each public servant against whom the complaint is being filed
If a complaint is filed electronically, hardcopy thereof shall be required to be submitted to the Lokpal of India within 15 days from the date of filing.
At the top of the envelope containing the complaint, ‘Complaint to the Lokpal of India under Lokpal and Lokayukta Act, 2013 should be written clearly.
A complaint can be filed against a State government official for his actions while serving in the Government of India. A complaint against any State Government official cannot be filed in the office of Lokpal regarding any misconduct while serving in the state.
No, fees is required for filing a complaint in the office of Lokpal.
Yes. In terms of provisions under Section 53, of the Lokpal and Lokayukta Act, 2013, a complaint cannot be made after the expiry of seven years from the date on which the offence mentioned in the complaint is alleged to have been committed.
According to Section 139, CPC the affidavit can be attested by -
NOTE: Stamp duty can be paid by Non-Judicial Stamp Paper, Be E-Stamping Franking Machine, Notary Stamp, Revenue Stamp, Adhesive/Non-adhesive Stamp, Court Fee Stamp as per prevailing procedure in the state.
On LokpalOnline Complaint Software by entering either Diary No or Complaint No.
Yes. At the request of the public servant, the Lokpal of India can allow the public servant to attend the hearing through video conferencing.
Yes. In terms of the provisions under section 29 of the Lokpal and Lokayuktas Act, 2013, assets of the public servant can be attached provisionally under certain circumstances as per the order of the Lokpal of India. Such attachment is to be confirmed by the special court as per provisions of Section 30 of the Lokpal and Lokayuktas Act, 2013.
In terms of the provisions of Section 32 of the Lokpal and Lokayukta Act, 2013, while making a preliminary inquiry into allegations of corruption the Lokpal may recommend to the Central Government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the order.
Yes. In terms of the provisions under Section 26 of the Lokpal and Lokayukta Act, 2013, if the Lokpal has reason to believe that any documents which, in its opinion, shall be useful for, or relevant to, any investigation are secreted in any place, it may authorize any agency to whom the investigation has been given to search for and to seize such documents as per the order of the Bench of the Lokpal of India.
No. There is no provision in the Lokpal and Lokayukta Act, 2013 for appeal, review, or reconsideration of an order passed by the Lokpal of India.
Any person who makes any false and frivolous or vexatious complaint under Lokpal and Lokayukta Act, 2013 can be convicted, be punished with imprisonment for a term which may extend to one year, and with a fine up to 1 lakh in terms of provisions under Section 46 of Lokpal and Lokayukta Act, 2013.
Yes. A public servant can be represented by an authorized representative or, an advocate as per the order of the Lokpal.
No. According to Section 20(7) of the Lokpal and Lokayukta Act, 2013, before sanctioning the prosecution, only comments of the competent authority and the public servant will be taken. Lokpal is competent to grant sanction for prosecution against a public servant.