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Lokayukta Can Only ‘Recommend’ To Disciplinary Authority To Take Action Against Erring Officer, No Statutory Power To Issue Direction: Jharkhand HC

[15 February 2022] The Jharkhand High Court has held that Section 12(3) of the Jharkhand Lokayukta Act, 2001 does not confer power upon the Lokayukta to pass a direction commanding upon the disciplinary authority to take action against a person, against whom irregularities are found to be true in the course of inquiry.
Justice Sujit Narayan Prasad held that the authority can only make a recommendation to that effect.
The development arose in a writ petition that was filed under Article 226 of the Constitution of India challenging an order by the respondent, on the ground that under the provision of Section 12(3) and Section 12(5)(A), the Lokayukta has got no power to direct the disciplinary authority to take action based on the fact-finding report.

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