The Bihar Lokayukta is the Parliamentary Ombudsman for the state of Bihar (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption.[2] It was first formed under the Bihar Lokayukta and Upa-Lokayukta Act, and approved by the president of India on 2011. The passage of Lokpal and Lokayukta's Act, 2013 in Parliament had become law on 16 January 2014 and requires each state to appoint its Lokayukta within a year.[3][4] A bench of Lokayukta should consist of judicial and non-judicial members.[5] An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.
| Bihar Lokayukta | |
|---|---|
| Agency overview | |
| Formed | 2011 |
| Jurisdictional structure | |
| Federal agency | India |
| Operations jurisdiction | India |
| General nature | |
| Operational structure | |
| Headquarters | Lokyukta, Bihar, 4, Kautilya Marg, Bailey Road, Patna-800001, Bihar. Ph : 0612-2215236, Fax : 0612-2204844 E-mail : lokayukta-bih@nic.in.[1] |
| Agency executive |
|
A Lokayukta of the state is appointed to office by the state Governor after consulting the committee consisting of State Chief Minister, Speaker of Legislative Assembly, Leader of Opposition, Chairman of Legislative Council and Leader of Opposition of Legislative Council and cannot be removed from office except for reasons specified in the Act and will serve the period of five years.
History and administration
editBihar Lokayukta and Upa Lokayuka Act was passed on 22 December 2011.[6] To prevent misuse of the institution the Act was amended in the year 2021.[7] The office of Bihar Lokayukta is situated in 4, Kautilya Marg, Bailey Road, Patna-800001, Bihar.
Oath or affirmation
edit"I, <name>, having been appointed Lokayukta (or Upa-Lokayukta) do swear in the name of God (or solemnly affirm) that I will bear faith and allegiance to the Constitution of India as by law established and I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will."
— First Schedule, Bihar Lokayukta and Upa-Lokayuktas Act, 1986
Powers
editAs per the Bihar Lokayukta's Act, it empowers the Lokayukta to file a case in a special court of complaint received by it and forward the report with its findings and recommendation for disciplinary action to the competent authority against the complainant.[8] Bihar Lokayukta has independent powers to investigate and prosecute any government official or public servants of all grades,[7] who are covered by the act and against whom the complaint is received for abusing his authority for self interest or causes hurt to anyone or any action done intentionally or following corrupt practices negatively impacting the state or individual. Once a complaint is received on allegations of corruption, wrong use of authority and misdeeds by any of the public functionaries who may include the Chief Minister, Ministers under him and members of Legislature Assembly, Lokayukta has the power to recommend enquiry to necessary authorities and prosecute, if proven.
In year 2021, to avoid the wastage of the institution time and its misuse and penalising the people for filing wrong cases, an amendment had been introduced in the Bihar Lokayukta and Upa-Lokayukta's Act.[7]
Appointment and tenure
editFollowing are the details and tenure of Bihar Lokayuktas.[1]
| Index | Name | Holding charge from | Holding charge to |
|---|---|---|---|
| 1 | Hon’ble Sri Shridhar Vasudeva Sohoni, I.C.S. (Retd.) | 28 May 1973 | 27 May 1978 |
| 2 | Justice(Retd), Hon’ble Mr. Shyam Nandan Prasad Singh | 8 June 1978 | 7 June 1983 |
| 3 | Justice(Retd), Hon’ble Mr. Justice Syed Sarwar Ali | 7 February 1991 | 6 February 1996 |
| 4 | Justice(Retd), Hon’ble Mr. Narbadeshwar Pandey | 8 June 2001 | 7 June 2006 |
| 5 | Justice(Retd), Hon’ble Mr. Ram Nandan Prasad | 25 August 2006 | 24 August 2011 |
| 6 | Justice(Retd), Hon’ble Mr. C. M. Prasad | 25 August 2011 | 24 August 2016 |
| 7 | Justice(Retd), Hon’ble Mr. Mihir Kumar Jha | 18 May 2016 | 17 May 2021 |
| 8 | Hon’ble Mr. Kirti Chandra Saha, I.A.S. (Retd.) | 18 May 2016 | 17 May 2021 |
Notable cases
editIn August 2021, in a case relating to alleged serious irregularities by some BR Ambedkar University officials in appointments and financial lapses in the University, the Bihar High Court has asked the petitioner to approach the Bihar Lokayukta.[9]
The Lokayukta of Bihar in one of its observations highlighted the financial mis-management issues in Purnea University.[10][11]
See also
editReferences
edit- ^ a b "Lokayukta Bihar". www.lokayukta.bih.nic.in. Retrieved 5 September 2021.
- ^ "What is a Lokayukta?". NDTV.com. Retrieved 5 September 2021.
- ^ Seetharaman, G. (10 November 2018). "Delay in appointment of Lokpal & Lokayukta: Who will bell the graft?". The Economic Times. Retrieved 5 September 2021.
- ^ "Lok Sabha passes landmark Lokpal Bill". businessline. 12 March 2018. Retrieved 5 September 2021.
- ^ "Only four states have appointed judicial, non-judicial members of Lokayukta, says report". The Economic Times. 8 December 2020. Retrieved 5 September 2021.
- ^ Banerjee, Shoumojit (7 December 2011). "Bihar Assembly passes Lokayukta Bill". The Hindu. Retrieved 6 September 2021.
- ^ a b c "Bihar Assembly passes Lokayukta Bill". The New Indian Express. 18 March 2021. Retrieved 5 September 2021.
- ^ Karmakar, Debashish (5 June 2020). "Patna HC: Lokayukta not super executive body empowered to control executive and issue commandments | Patna News - Times of India". The Times of India. Retrieved 6 September 2021.
- ^ "HC asks petitioner to move Lokayukta with complaint against BRABU V-C". Hindustan Times. 24 August 2021. Retrieved 5 September 2021.
- ^ "Bihar Lokayukta probe points to financial irregularities in Purnea University". Hindustan Times. 9 February 2021. Retrieved 6 September 2021.
- ^ Jain, Isha (9 February 2021). "DDU VC under Bihar Lokayukta lens for fin lapses during stint at Purnea varsity | Lucknow News - Times of India". The Times of India. Retrieved 6 September 2021.