C.A.V. JUDGMENT :

This writ application, preferred under Article 226 of the Constitution of India raises a legal question, whether the institution of Lokayukta under Section 3 of Bihar Lokayukta Act, 2011 (hereinafter referred to as the “Act of 2011”) has the jurisdiction to issue direction to the ‘competent authority’ within the meaning of the Act, to take disciplinary action against a Government Servant, exercising its powers under Sections 27, 28A, 29 and 38 of the Act, on the basis of a complaint containing grievance of maladministration, in the absence of any specific finding of corruption or lack of integrity against the Government servant.

2. An order passed by the learned Judicial Member, Lokayukta, Bihar dated 04.04.2019, in 5/Lok (Rajaswa) 148/2011 (Sri Nand Kishore Paswan vs. Collector, Patna) has been challenged in the present writ application whereby following direction has been issued :-

“In such a situation while rejecting the explanation of Sri Bipin Bihari Singh the Registrar, Co-operative Societies being the appointing authority in consultation with an assistance of the office of the Collector, Patna, the controlling authority is hereby directed to initiate a depa