It has been almost four and half months since Justice PB Gaikwad, the erstwhile Lokayukta of Maharashtra, retired from the post after completing his term of five years. His successor has not been appointed- firstly, because the previous Maharashtra government was none too keen on filling the vacancy, and secondly, because the model code of conduct froze fresh appointments ahead of the Assembly elections.
To make matters worse, the Lokayukta's second-in-command, namely the Upa-Lokayukta Johny Joseph, is set to retire this month, leaving only a registrar, a dozen clerks and a few peons to keep the office going.
Meanwhile, the Lokayukta office has about 4,800 cases filed by citizens seeking justice against government officials from across Maharashtra. Some of these cases are 20 years old.
Explaining why the Lokayukta is slow, a government official said, "There is shortage of staff at Lokayukta, the lethargy of the anti-corruption bureau in taking up investigations, and the government's apathy in taking action on guilty officers."
The Lokayukta is also largely ineffectual. Sources said, "As per procedure, Lokayukta's final report on cases is supposed to be brought before the legislative assembly and council, and then the government is supposed to take action on the report. But governments have been dithering on prosecuting guilty officers despite the Lokayukta's recommendations to do so. The Lokayukta can't do anything further."
An official said that many cases with Lokayukta are filed by retired government employees denied their pensions, and by serving employees denied their transfers. Many other cases pertain to fraud in property titles. There are over 100 cases of graft involving government officials as well. None of the cases, however, are filed by politicians or against politicians.
The state was the first to implement the Lokayukta Act in India in 1972.
"Nonetheless, the Lokayukta in Maharashtra has hardly got any power. It doesn't make any difference if the new government closes down the shutters of this toothless institution," said a government officer, citing the investigative and prosecuting powers available to the Karnataka, Bihar and Odisha Lokayuktas.
While the Maharashtra Upa-Lokayukta can be nominated by the state government, the Lokayukta must be appointed by the government after consultations with the chief justice of Bombay high court and the leader of the opposition. Only retired judges of the high court and Supreme Court can become Lokayuktas; most the Upa-Lokayuktas have been ex-bureaucrats.
Upa-Lokayukta Johny Joseph said, "Over 4,800 cases are pending but some of them are new cases also."
Joseph said that the Lokayukta can be appointed now that the government is in place and the leader of opposition, too, has been elected.
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