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The Institution of Lokpal was, initially, established under the Punjab Lokpal Act, 1995. Since there were deficiencies in the said Act, an amendment was made vide Punjab Act 3 of 1997. The present Act is called “Punjab Lokpal Act, 1996” which has been enacted to secure proper investigation of inquiry against public men and thereby ensuring eradication of corruption, adherence to the rule of law by observing rules of natural justice. The definition of public man in the Punjab Lokpal Act is so wide that it, inter alia, includes Minister of State, Deputy Minister, Chief Parliamentary Secretary, Parliamentary Secretary and by whatever name called, i.e. to say, even Chief Minister.

                        An enquiry can be instituted against public man for committing misconduct during discharge of his function by misusing his position and even allowing his position for taking advantage by his family members, or if he is in possession of pecuniary resources or property disproportionate to his known sources of income. For a Legislator,  misconduct would be if he abuses or attempts to abuse or allows his position to be abused for securing valuable thing or pecuniary advantage.

                        Lokpal is appointed on the advice of Chief Minister who shall consult Speaker of Punjab Legislative Assembly, and the Chief Justice of India in case of appointment of a person who has been a Judge of Supreme Court or Chief Justice of a High Court. In case the appointee has been a Judge of High Court, the consultation will be with the Chief Justice of Punjab and Haryana High Court.  Lokpal can be assisted by up-Lokpal also who can be appointed on the advice of Chief Minister in consultation with Lokpal. The Lokpal or up-Lokpal shall hold the office for a term of six years from the date on which he enters his office and the said term cannot be curtailed as he enjoys statutory protection provided he resigns the office or he can be removed from the office by the Governor on the ground of mis-behaviour or incapacity after holding inquiry by a Judge of the Supreme Court or a Chief Justice or a Judge of High Court.  On ceasing the office of Lokpal/Up-Lokpal he shall be ineligible for further employment under the State Government.   The allowances, Pension and other conditions of service of Lokpal would be at par with Chief Justice of High Court of Punjab and Haryana and the expenditure on account thereof would be charged on the consolidation fund of the State. The proceedings before the Lokpal shall be deemed to be a judicial proceeding under the meaning of Section 193 of the Indian Penal Code, 1860. Any person intentionally causing interruption to the Lokpal during inquiry shall be punished with simple imprisonment, for a term which may extend to one month or with fine of rupees two thousand or both. Even giving false evidence can be dealt with summarily by Lokpal by sentencing him to imprisonment for a term which may extend to one month or five hundred fine or both. The action can also be taken against a person who wilfully makes false complaint and the offender would be punished with imprisonment for a term which extend to one year and shall also be liable to fine. The Lokpal and its officers enjoy immunity against prosecution and legal proceedings for the thing done in good faith in connection with holding enquiry. 

                        Hon’ble Mr. Justice S.S. Sodhi was the first Lokpal Punjab. At present, Hon'ble Mr. Justice Vinod K. Sharma  has taken the charge of the post  Lokpal, Punjab  after the resignation of Hon'ble Mr. Justice S.K. Mittal on April 21, 2018.

 

Period of Hon'ble Lokpal of Punjab

Sr. No. Name of Hon'ble Lokpal From To
1. Justice S S Sodhi 15-10-1995 10-12-1996
2. Justice H S Rai 01-09-1997 30-11-1999
3. Justice D V Sehgal 15-12-2001 16-12-2002
4. Justice D S Dhaliwal 30-03-2006 31-03-2012
5. Justice J S Sekhon 16-11-2012 13-04-2016
6. Justice S K Mittal 10-11-2016 21-04-2018
7. Justice Vinod K Sharma 08-10-2019