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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8195 of 2022

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Raj Kumar Yadav S/o Shankar Prasad Yadav Resident of 51A, Mother Tresha

Marg, North Srikrishnapuri, P.S. S.K. Puri, District-Patna at Present Posted as

Deputy Secretary, Industry Department, Govt. of Bihar, Patna.

... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, General Administrative Department, Govt. of Bihar,

Patna.

3. The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.

4. The Director, I,C.D.S. Govt. of Bihar, Patna.

5. The Under Secretary, General Administrative Department, Govt. of Bihar,

Patna.

6. The Collector, Siwan.

7. The Addl. Collector-Cum-District Public Grievance Redressal Officer,

Siwan.

8. The Lokayukta, Bihar through its Secretary, Bihar, Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Umesh Kumar Yadav, Advocate

For the State : Mr. GA-7

Mr. Abhinav Ashok (AC to GA-7)

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 29-01-2026

Heard learned counsel for the petitioner and

learned counsel for the State.

2. The present writ petition has been filed for the

following relief/s:-

“I. For quashing the order passed by

Hon'ble Lokayukta on 9.7.2020 in

comp. No.1/Lok(Kalyan)/8 of 2018

by which direction to initiate a

departmental proceeding against the

petitioner, competent authority will

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take appropriate action in light of

observation made in afore mention

order dated 20.2.2020, the office of

Director, ICDS shall be under

obligation to apprise the Institution

of Lokayukta as to the final outcome

of the departmental proceeding.

II. Further to set aside the

consequential order dated 18.1.2022

by general Administrative

Department by which two increment

was stopped with non cumulative

effect and also warning for 2017-18.

III. And also set aside the order

dated 27.4.2022 by which review

petition was also rejected.”

3. Learned counsel for the petitioner submits that

the said order dated 09.07.2020 in Comp. No. 1/Lok (Welfare)

8/2018 passed by the Lokayukta is absolutely bad in law, due to

the reason that there is a gross violation of section 27 of the

Bihar Lokayukta Act, 2011 (Act No. 22 of 2011) (hereinafter

referred to as ‘Act of 2011’). He submits that the Lokayukta

cannot recommend to the competent authority for initiation of

the disciplinary proceeding under the rules of disciplinary

proceeding applicable to the public servant without conclusion

of enquiry or investigation. He submits that here in the present

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case, section 27 of the Act of 2011 creates bar and the decision

taken by the Lokayukta recommending the petitioner’s matter

being a public servant, before the disciplinary proceeding, is

absolutely bad in law. He further submits that following the

order passed by the Lokayukta, the Disciplinary Authority has

taken action in which minor punishment has been imposed and

subsequently, the said minor punishment has been approved by

the Reviewing Authority which is also bad in law.

4. In support of his argument, learned counsel for

the petitioner relied on a judgment in case of Bipin Bihari

Singh Vs. The State of Bihar & Ors. passed in C.W.J.C. No.

18053 of 2019 in which vide order dated 03.06.2020, it has been

categorically held that the Lokayukta is certainly not a super

executive empowered to supervise/control functionings of the

executive and issue commandments to various functionaries

asking them to discharge their duties in a particular manner.

Further, the Lokayukta does not have any power of judicial

review over administrative action, akin to the powers of the

High Court under Article 226 of the Constitution of India.

Therefore, counsel submits that according to him, the

recommendation made vide order dated 09.07.2020 by whi