In Bihar for general public, especially for those persons who are living in remote areas, important facts indicated in Bihar Lokayukta Act, 1973 are being published so that people could take maximum advantage from this institution.
- Any person can file his grievance in writing before the Lokayukta if he has sustained injustice or undue hardships inconsequence of maladministration. But it will only be considerable if the grievance is filed within twelve months from the date on which the grievance complained against became known to the petitioner.
For exception Lokayukta may entertain such a grievance – petition in which the complainant satisfies him that he has sufficient cause for not filing the grievance within the period specified for. ( See Article 7,8 & 9 )
- Any person, except a public servant, can file a complaint, related to allegation, against a public servant who has misused his power for personal gain or has favored others or who is indulged in misconduct and maladministration in the capacity of his post. Such complaint may be made in writing accompanied by an affidavit as may be prescribed. But no complain petition related to allegation may be entertained if it is made after five years from the date on which the action complained against has taken place.
( See Article 7,8 & 9 of the B.L. Act )
Definition of the term `public servants` has been defined in clause 2(J) of the B.L. Act, in which Ministers, Secretaries of the Government Departments, any Chairman and Dy. Chairman of any Board Corporation , Local Authority, the Government Company or any other institution or authority subsidies by the State Government come in the purview of this Act.
- In Lokayukta institution, action on an ordinary petition is also initiated. No stamp fee is to be deposited. In this way without any expense, redressed of any grievance is possible.
- The complaint filed before the Lokayukta, investigation is to be conducted in private and identity of the complainant and of the public servant effected by the investigation shall not be disclosed to the public or the press whether before or after the investigation. ( See Article 10(2) of the B.L. Act.)
- In the institution of Lokayukta, every investigation is conducted confidentially. No court, public or institution has any right to compel the Lokayukta or any public servant to give any evidence relating to such information or to produce the evidence so recorded or collected. (See article 14)
- On a complaint filed by the complainant before the Loklayukta, if after investigation and hearing, Loklayukta is satisfied that the allegations are true; he then communicates his findings and recommendations to the competent authority for action within a stipulated time for sending a compliance report. In the case of inaction of his recommendation, Lokayukta may send a special report upon the case to the Governor under section 12(5) of the B.L.Act.
- The Lokayukta has to submit annually a consolidated report on the performance of his function under section 12(6) of the B.L. Act
The sources available before the Lokayukta, for investigation are too limited. The institution of the Lokayukta has been continuously endeavoring for increasing the resources, necessary to investigate the cases of allegation properly. It is presumed that like the institutions of Lokayukta of Karnataka and Madhya Pradesh, resources of the institution of Bihar Lokayukkta may also be developed. In spite of limited resources, the institution has been expediting more and more cases. Last year 4060 complaints and matter related to pension cases of the retired Government servants have been redressed. In the Annual report of this institution, important cases are described comprehensively.
It is for the information in public interest that in addition to routine hearing, district wise review has to be organized twice in a year as needed and as a result, grievances of complaint have been redressed on a large scale.
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