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Submission of Statement of assets & Liabilities by Public Servants

Question

" As per Section 22(1) of the Kerala Lok Ayukta Act 1999, every public servant other than a Government servant, shall within* one year and six months after the commencement of the Act, and thereafter before the 30th day of June once in two years submit to the competent authority in the prescribed form, a statement of his assets and liabilities and those of the members of his family . As per Section 22(2) of the ibid Act, if no such statement is received by the competent authority from any such public servant, within the time specified in sub-section (1), the competent authority shall make a report to that effect to the Lok Ayukta or the Upa-Lok Ayukta, as the case may be and send a copy of the report to the public servant concerned. If within two months of such report, the public servant concerned does not submit such statement, the Lok Ayukta or the Upa-Lok Ayukta, as the case may be, shall publish, or cause to be published the name of such public servant in three newspapers having wide circulation in the state "

In reply to information sought on the subject the Hon'ble Lok Ayukta in their letter No.P-10/1460/08 dated 29-5-2008 has furnished the information that "As per records, no case has been reported to the Lok Ayukta or Upa Lok Ayukta since the inception of the Lok Ayukta Act 1999, No case has been published by the Lok Ayukta/Upa Lok Ayukta in the news paper as no instances have been reported by the Competent Authority in this regard, No instances were reported to Lok Ayukta or Upa Lok Ayukta to act as per Section 22 of the Kerala Lok Ayukta Act . The ibid reply also state that since no such reports were submitted by the Competent Authority the Lok Ayukta had no occasion to act as per Section 22 of the Kerala Lok Ayukta Act. It further state that as per "2006(4)KLT166" Ramachandran master Vs Kerala Lok Ayukta, the Hon'ble High Court of Kerala declared that the Lok Ayukta has no power to initiate Suo motto Proceedings and they have no powers to initiate Suo motto proceedings "

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