Q1. What is Lokayukta?
Ans. Lokayukta is the protector of the legal interest of citizens. This institution is intended to eradicate the corruption and for matters connected therewith or incidental thereto to maintain integrity, transparency and improve efficiency in public administration.
Q2. Whether Manipur State has a Lokayukta?
Ans. Yes, the Manipur Lokayukta Act, 2014 came into force from the 1st day of April, 2016. The Institution of the Lokayukta was set up under the Manipur Lokayukta Act, 2014.
Q3. Who can lodge a complaint before the Manipur Lokayukta?
Ans. Any individuals, group of persons, associations, institutions, society, partnership firms or body corporate who have been aggrieved can file complaint before the Manipur Lokayukta for his grievances against any action of any Public Servant of Manipur, if such action indicates mal-administration, undue favour or corruption and thereby caused injustice or undue hardship to him/them in the prescribed manner as required under Rule 15 of the Manipur Lokayukta Rules, 2018.
Q4. Before whom a complaint shall be filed?
Ans. The complaint should be filed before the Chairperson, Manipur Lokayukta, Imphal. (Prescribed format is Form I [Rule15 (2)] appended to the Manipur Lokayukta Rules, 2018.
Q5. Whether any fee is to be paid along with the complaint?
Ans. Yes, court fee stamp of Rs. 5/- should be affixed on each complaint and the complainant has to deposit another non-refundable fee of Rs. 1000/- in the form of Bank Draft/IPO payable to the Secretary, Manipur Lokayukta.
Q6. Whether personal appearance of the complainant is necessary?
Ans. The complaint can be submitted in person or can also be sent by Registered post in the office of Manipur Lokayukta as provided under Rule 15 of the Manipur Lokayukta Rules, 2018. However, during the preliminary enquiry, the Lokayukta can summon the complainant and other witnesses for their examination under Section 27 of the Manipur Lokayukta Act, 2014.
Q7. Who is Public Servant?
Ans. Public servant means a person defined under Section 2 (1) (m) and referred to in clauses (a) to (g) of sub-section of section 14 of the Manipur Lokayukta Act, 2014, but does not include a public servant in respect of whom the jurisdiction is exercisable by any court or other authority under the Army Act, 1950, the Air Force Act, 1950, the Navy Act, 1957 and the Coast Guard Act, 1978 or the procedure is applicable to such public servant under those Acts.
Q8. Against whom the complaint can be lodged?
Ans. A complaint to the Lokayukta can be made against any public servant defined under Section 2 (1) (m) and referred to in Clauses (a) to (g) of Sub-section (1) of Section 14 of the Manipur Lokayukta Act, 2014.
Q9. Whether a complainant can be prosecuted if his complaint is found to be false, frivolous or vexatious?
Ans. Yes, under Section 46 of the Manipur Lokayukta Act, 2014, a person filing false, frivolous or vexatious complaint can be punished with imprisonment of a term which may extend to one year and with fine which may extend to Rs. 1.00 lakh. But, in all the case of dismissal of the complaints, the complainants are not required to be prosecuted except on a complaint made by a person against whom the false, frivolous or vexatious complaint was made.
Q10. Is there a need for engaging a counsel/Advocate in filing a complaint?
Ans. There is no need to engage a counsel if the complainant is fully aware and able to explain himself/herself the facts and contents of the case. However the complainant has liberty to avail the service of the counsel/Advocate.
Q11. What details needs to be furnished while lodging complaint with Manipur Lokayukta?
Ans. The complainant should present the complaint before the Lokayukta in person or sent by registered post to the office of the Lokayukta and such complaint should specify the name and designation of the public servant against whom such complaint is made. The complaint shall be made in the prescribed Form-I appended to the Rules, 2018 and every complaint shall contain a concise form of the facts on which that allegation is based. It shall also indicate as far as possible, the evidence by which the complainant pro-poses to prove each allegation. Every complaint shall bear a Court Fee Stamp of Rs.5/-, besides deposit of non-refundable deposit fee of Rs. 1000/- by way of Bank Draft/IPO payable to the Secretary, Manipur Lokayukta. Further, the complaint shall be supported by an affidavit in Form-2 duly sworn in by the complainant before the Magistrate of First Class or an Oath Commissioner appointed by the High Court.
Q12. What are the powers of the Manipur Lokayukta?
Ans. Manipur Lokayukta has the following powers viz (i) investigate, (ii) supervisory over the investigating agency, (iii) prosecute (iv) search and seizures, (v) powers of civil court in certain cases, (vi) utilizing the services of officers of the State Government, (vii) provisional attachment of assets, (viii) to take step for confirmation of attachment of assets, (ix) confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances, (x) to recommend transfer or suspension of public servant connected with allegation of corruption, (xi) to give directions to prevent destruction of records during preliminary inquiry etc. under the provisions of the Manipur Lokayukta Act, 2014.