Patna HC: Lokayukta not super executive body empowered to control executive and issue commandments

PATNA: The Patna high court has observed that lokayukta is certainly not a super executive to supervise or control functioning of executive and issue commandments to various functionaries asking them to discharge their duties in a particular manner.
High court observed that provision in Bihar Lokayukta Act, 2011, authorizes the body to file a case in a special court and send a report together with its finding to the competent authority and to recommend to the competent authority for initiation of disciplinary proceedings under rules applicable to such public servant only when its findings disclose commission of an offense punishable under The Prevention of Corruption Act by a public servant after the conclusion of inquiry or investigation.
It also ruled that no jurisdiction is vested in lokayukta under Section 38 of Act to direct for initiation of a disciplinary proceeding.
A bench of Justice Chakradhari Sharan Singh was hearing writ petition filed by Bipin Bihari Singh in which order passed by a judicial member of Lokayukta on April 4, 2019, was challenged where petitioner’s controlling authority was ordered to initiate a departmental proceeding for major punishment against him and ensure its completion within the prescribed time frame fixed by the government.
The petitioner was posted as a cooperative society registrar when the order was passed. The order was passed in the backdrop of issue of complaint of 55 villagers of Dabhawan panchayat in Pandarak block (Patna) to its circle officer in May 2011 on encroachment of water source resulting problem to farmers. The petitioner was posted as a Pandarak circle officer than time.
Lokayukta had concluded that Singh did not initiate any encroachment proceeding nor did he take steps for making water source functional or paid heed to villagers’ problems and issue was solved in 2017 after its repeated orders.
While setting aside order of Lokayukta’s judicial member, Justice Singh observed it suffers from 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,” bench observed.
It also observed Lokayukta must remind itself purpose of its constitution and limitations while exercising its powers and discharging duties and functions under Act of 2011. “It cannot act beyond the provisions of the Act which has constituted it,” the bench observed.
The bench had delivered the 21-page judgment on Wednesday which came in the public domain on Thursday. Counsel Sunil Kumar Singh, assisted by Rakesh Narayan Singh and Kanahaiya Pandey, had argued for the petitioner while government pleader Ravi Verma appeared for the state but none appeared for Lokayukta.