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2021 Supreme(Pat) 799

SANJAY KAROL, S. KUMAR
Dharmendra Kumar, Son of Balmukund Ram – Appellant
Versus
State of Bihar through the Principal Secretary, Urban Development and Housing Department, Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ranjeet Kumar, Mr. Kundan Kumar, Ms. Vagisha Pragya Vacaknavi, Adv
For the Respondents:Mr. Pawan Kumar, Mr. Rabindr Kumar Priyadarshi, Advocate

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

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