JanLokPal Definitions - Part 2

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Mal-administration means action taken or purporting to have been taken in the exercise of administrative function in any case where-

• such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or

• there has been willful negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay;

Misconduct means misconduct as defined in CCS Conduct Rules and which has vigilance angle.
 

public authority means any authority or body or institution of self- government established or constituted—

• by or under the Constitution;

• by any other law made by Parliament;

• by notification issued or order made by the Government, and includes any body owned,controlled or substantially financed by the Government;

Public servant means a person who is or was at any time,-

• the Prime Minister;

• a Minister;

• a Member of Parliament;

• Judges of High Courts and Supreme Court;

• a Government servant;

• the Chairman or Vice-Chairman (by whatever name called) or a member of a local authority in the control of the Central Government or a statutory body or corporation established by or under any law of the Parliament of India, including a co-operative society, or a Government Company within the meaning of section 617 of the Companies Act, 1956 and members of any Committee or Board, statutory or nonstatutory, constituted by the Government;

• Such other authorities as the Central Government may, by notification, from time to time, specify;

Vigilance angle includes –

• All acts of corruption

• Gross or willful negligence; recklessness in decision making; blatant violations of systems and procedures; exercise of discretion in excess, where no ostensible/public interest is evident; failure to keep the controlling authority/superiors informed in time

• Failure/delay in taking action, if under law the government servant ought to do so, against subordinates on complaints of corruption or dereliction of duties or abuse of office by the subordinates

• Indulging in discrimination through one’s conduct, directly or indirectly.

• Victimizing Whistle Blowers

• Any undue/unjustified delay in the disposal of a case, perceived after considering all relevant factors, would reinforce a conclusion as to the presence of vigilance angle in a case.

• Make unfair investigation or enquiry to either unduly help culprits or fabricate the innocent.

• Any other matter as notified from time to time by Lokpal

Whistleblower is any person who faces threat of 

• professional harm, including but not limited to illegitimate transfers, denial of promotions, denial of appropriate perks, departmental proceedings, discrimination or 
•  physical harm or 
• is actually subjected to such harm; because of either making a complaint to Lokpal under this Act or for filing an application under Right to Information Act.

  Establishment of the institution of Lokpal and appointment of Lokpal >>