THIRUVANANTHAPURAM: Despite months of detailed arguments, the Lokayukta is yet to find an answer to the question of whether the Chief Minister and other ministers are personally responsible for the decisions of the Cabinet. Now the full bench needs to make a decision in this regard. During the hearing, the Lokayukta had asked how the ministers could be held responsible personally for the cabinet decisions which was taken with collective responsibility. Lokayukta also directed to produce similar court judgments if there are any.
The government had argued that though the ministers are government employees, the cabinet does not come under the ambit of government employees and the Lokayukta has the power to consider only the complaints against government employees. However, the petitioner made a counterargument that only the Chief Minister and the Ministers who took the decision were made the defendants in the case and the cabinet is not included. He said that since the Chief Minister and the Ministers are public servants, they came under the ambit of the Lokayukta.
'What would be the condition if governments continue to grant benefits without any criteria', Lokayukta Justice Cyriak Joseph asked during the hearing. The petitioner argued that, if the ministry is the trustee of the state property and the ministry has the power to do anything, will Lokayukta give approval if Kerala University is made the CPM Central Committee office?
Observations
Lokayukta Justice Cyriak Joseph
All governments irrespectively use the distress relief fund without careful scrutiny. Generosity should not be shown by using the funds from the public treasury. How can it be considered that the Chief Minister or the ministers have shown favouritism in the cabinet decision? Such events should not be dug too deep into.
Upa Lok Ayukta Harun Al Rashid
The government is being blamed unnecessarily for sanctioning aid from the relief fund without deliberation. Lokayukta can check only if individuals have committed irregularities. It holds no power to review the decisions taken by the Cabinet.
Director General of Prosecutions TA Shaji
Since the allocation of money from the Relief Fund was done as per a Cabinet decision, the Lokayukta has no power to inquire into the matter. The cabinet can take any decision. It is a collective responsibility. Such decisions cannot be questioned.
Threat to Lokayukta
Lokayukta Justice Cyriak Joseph had said during the hearing that he receives threatening letters and he does not pay attention to them. He said that there is no need to respond to the statements of politicians and the media.