Lokayukta can’t controlofficial functioning: Patna HC

PATNA: The Patna high court has observed that the Lokayukta cannot supervise or control the functioning of government executive and issue orders to various functionaries to discharge their duties in a particular manner.
It observed that the Bihar Lokayukta Act, 2011, authorizes the Lokayukta to file a case in special court and send a report, together with its findings, to competent authority with its recommendation to initiate disciplinary proceedings under rules applicable to such public servant only when its findings discloses the commission of an offence by a public servant punishable under The Prevention of Corruption Act after conclusion of inquiry.The high court also ruled that no jurisdiction is vested in the Lokayukta under Section 38 of the Act to direct any authority for initiating disciplinary proceedings against any executive.
A bench of Justice Chakradhari Sharan Singh made these observations on Wednesday while hearing a writ petition filed by one Bipin Bihari Singh, who had challenged an order passed by judicial member of the Lokayukta on April 4, 2019. The judicial member had ordered Bipin’s controlling authority to initiate departmental proceedings for major punishment against him and ensure its completion within prescribed time frame fixed by the government. The high court order was uploaded to its website on Thursday.
The petitioner was posted as cooperative society registrar when the Lokayukta passed the order in the backdrop of a complaint lodged by 55 villagers to the circle officer (CO) of Dabhawan panchayat in Pandarak block (Patna) in May 2011 on the encroachment of water sources, causing problems to the farmers. The petitioner was the Pandarak CO that time.
The Lokayukta concluded that Singh neither initiated any proceeding to remove encroachment nor did he take steps for making water source functional. The issue was resolved in 2017 after its repeated orders. While setting aside the Lokayukta’s order, Justice Singh observed that it had inherent jurisdictional error. “If a statutory authority assumes to act in a case over which the law does not give it authority, the proceeding and adjudication will be altogether void,” th bench observed.