Almost a year after the appointment of the country's first Lokpal, the Ministry of Personnel, Public Grievances and Pensions has finally notified the Lokpal rules which state that a full bench will decide whether an inquiry should be ordered in case a complaint is filed against a sitting or former prime minister. As per the rules, if the bench decides to dismiss the complaint at the admission state, records of it will not be made public.
The Lokpal (Complaint) Rules, 2020 states that a full bench headed by the Chairperson shall decide on the complaint filed against the Prime Minister at the admission stage, where at least two-third approve the inquiry.
"The complaint filed against a public servant referred to in clause (a) of sub-section (1) of section 14 of the Act, shall be decided by the full bench referred to in sub-clause (ii) of clause (a) of sub-section (1) of section 14, in the first instance, at the admission stage," section 7 of the rules state.
The rules further state that the inquiry shall be "in camera proceeding" and, if the bench decides to dismiss the complaint, "records of the inquiry shall not be published or made available to anyone".
Lokpal rules
If a complaint is filed against a Union Minister or a Member of Parliament, a bench consisting of not less than three members of the Lokpal will decide at the admission stage, the Lokpal rules state. The rules also set the grounds on which the Lokpal can dispose of a complaint. If the content of the complaint is "illegible", "vague or ambiguous", "trivial or frivolous", or where the case related to the complaint is pending before any other court, the Lokpal can dispose of the complaint.
According to the rules, a non-citizen of India can also file a complaint against a public servant. A copy of his passport will be accepted as proof of identity. A complaint can also be filed electronically. In this case, the complaint shall be submitted within 15 days.
Earlier in March last year, former Supreme Court judge Justice Pinaki Chandra Ghose was appointed as the country's first Lokpal. His name was earlier recommended for the post and the same was cleared by a high-level selection committee comprising Prime Minister Narendra Modi, then Chief Justice of India Ranjan Gogoi, then Lok Sabha Speaker Sumitra Mahajan and jurist Mukul Rohatgi.
