Bihar Lokayukta Explained

Agencyname:Bihar Lokayukta
Formed:2011
Country:India
Federal:No
Headquarters:Lokyukta, Bihar, 4, Kautilya Marg, Bailey Road, Patna-800001, Bihar. Ph : 0612-2215236, Fax : 0612-2204844 E-mail : lokayukta-bih@nic.in.
Chief1name:Hon'ble Mr. Kirti Chandra Saha.

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.[1] 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 January 16, 2014 and requires each state to appoint its Lokayukta within a year.[2] [3] A bench of Lokayukta should consist of judicial and non-judicial members.[4] 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.

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

Bihar Lokayukta and Upa Lokayuka Act was passed on 22 December 2011.[5] To prevent misuse of the institution the Act was amended in the year 2021. The office of Bihar Lokayukta is situated in 4, Kautilya Marg, Bailey Road, Patna-800001, Bihar.

Powers

As 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.[6] Bihar Lokayukta has independent powers to investigate and prosecute any government official or public servants of all grades, 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

Following are the details and tenure of Bihar Lokayuktas.[8]

Index Name Holding charge from Holding charge to
1Hon’ble Sri Shridhar Vasudeva Sohoni, I.C.S. (Retd.)28.05.197327.05.1978 
2Justice(Retd), Hon’ble Mr. Shyam Nandan Prasad Singh08.06.1978 07.06.1983
3Justice(Retd), Hon’ble Mr. Justice Syed Sarwar Ali07.02.199106.02.1996
4Justice(Retd), Hon’ble Mr. Narbadeshwar Pandey08.06.200107.06.2006
5Justice(Retd), Hon’ble Mr. Ram Nandan Prasad25.08.200624.08.2011
6Justice(Retd), Hon’ble Mr. C. M. Prasad25.08.201124.08.2016
7Justice(Retd), Hon’ble Mr. Mihir Kumar Jha18.05.201617.05.2021
8Hon’ble Mr. Kirti Chandra Saha, I.A.S. (Retd.)18.05.201617.05.2021

Notable cases

In 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

The Lokpal and Lokayuktas Act, 2013

West Bengal Lokayukta

Delhi Lokayukta

Karnataka Lokayukta

Maharashtra Lokayukta

Uttar Pradesh Lokayukta

External links

Notes and References

  1. News: What is a Lokayukta? . 5 September 2021 . NDTV.com.
  2. News: Seetharaman . G. . Delay in appointment of Lokpal & Lokayukta: Who will bell the graft? . 5 September 2021 . The Economic Times . 10 November 2018.
  3. News: Lok Sabha passes landmark Lokpal Bill . 5 September 2021 . businessline . 12 March 2018 . en.
  4. News: Only four states have appointed judicial, non-judicial members of Lokayukta, says report . 5 September 2021 . The Economic Times . 8 December 2020.
  5. News: Banerjee . Shoumojit . Bihar Assembly passes Lokayukta Bill . 6 September 2021 . The Hindu . 7 December 2011 . en-IN.
  6. News: Karmakar . Debashish . Patna HC: Lokayukta not super executive body empowered to control executive and issue commandments Patna News - Times of India . 6 September 2021 . The Times of India . 5 June 2020 . en.
  7. News: Bihar Assembly passes Lokayukta Bill . 5 September 2021 . The New Indian Express . 18 March 2021.
  8. Web site: Lokayukta Bihar . www.lokayukta.bih.nic.in . 5 September 2021.
  9. News: HC asks petitioner to move Lokayukta with complaint against BRABU V-C . 5 September 2021 . Hindustan Times . 24 August 2021 . en.
  10. News: Bihar Lokayukta probe points to financial irregularities in Purnea University . 6 September 2021 . Hindustan Times . 9 February 2021 . en.
  11. News: Jain . Isha . DDU VC under Bihar Lokayukta lens for fin lapses during stint at Purnea varsity Lucknow News - Times of India . 6 September 2021 . The Times of India . 9 February 2021 . en.