JUDGMENT :

The following issues arise for consideration:-

1. What is the role and scope of the institution of Lokayukta envisaged under the provision of the Bihar Lokayukta Act, 2011?

2. Does the power and scope of the Act permit the Lokayukta to take up service matters?

3. Whether termination of service of a group of employees, a measure undertaken by the Lokayukta, can be seen in the vision laid down for such institution?

2. In the present case, the Hon’ble Member (Judicial) Lokayukta passed an order dated 28.11.2019 in a case bearing Case No. 1/Lok/(Urban Development)/31/2010, titled as Md. Saifuddin v. Mayor Municipal Corporation, relevant paragraphs are reproduced hereinbelow:

“Having regard to the fact that the aforementioned Government policy for outsourcing the services of Group ‘D’ employees is useful both for streamlining the functioning of the Municipal bodies as also for reducing corruption in such municipal bodies, it has to be held that each of the Municipal body which has not outsourced the services of group ‘D’ employees despite the direction issued by the Government has some agenda for subverting the aforesaid Government policy.

Let it be kept in mind that the engagement of group-‘D’ employees on daily wage basis is a perennial source of corruption as has also been found by the Institution of Lokayukta in course of enquiry even in Darbhanga Municipal Corporation on the basis of which this enquiry was started and during the course of enquiry the Government came out with this policy for outsourcing group ‘D’ services by all Municipal bodies. Thus, the Municipal Bodies which have not till date have outsourced group ‘D’ services will submit an explanation to the Institution of Lokayukta for not complying the Government decision. Such of the Municipal bodies which have not outsourced group ‘D’ services will also be under an obligation to submit a report both to the Government and also to the Institution of Lokayukta as to how many daily wage employees are being engaged by such Municipal bodies and why should a direction be not issued for stopping this practice from the month of April, 2020. It is made clear to such Municipal bodies including Patna Municipal Corporation and Muzaffarpur Municipal Corporation that even in the event of non-submission of a report as directed above, an order would be passed restraining the engagement of any group ‘D’ employees with effect from 01.04.2020.

It goes without saying that the Government in the meantime shall also take necessary steps for getting the policy of outsourcing group ‘D’ services by all Municipal bodies implemented in letter and spirit and submit an action taken report on 03.02.2020 when further enquiry and hearing of this case shall be taken up in presence of all who are present today.

Before parting with this order it is made clear to the Municipal Commissioner and the city Manager of Darbhanga Municipal Corporation that failure on their part to outsource group ‘D’ services in a way will put a question mark on their administrative ability inasmuch as Darbhanga Municipal Corporation has been given time for a period more than a year to outsource the services of group ‘D’ employees as would appear from the orders dated 29.10.2018, 07.02.2019, 27.02.2019, 01.04.2019 and 10.07.2019. On all these dates prayer of Darbhanga Municipal Corporation for extending time limit for outsourcing group ‘D’ services was allowed and the time for work being taken from the daily wagers was extended from date to date and finally it was recorded in the last order dated 10.07.2019 that it would be the last extension of Group ‘D’ employees working in Darbhnaga Municipal Corporation and if the Government policy of outsourcing the Group ‘D’ services is not implemented in letter and spirit within next three months, the Institution of Lokayukta will be constrained to vacate the order on the ground of repeated extension of continuation of present Group ‘D’ employees.

Thus, when a prayer has been made agai