Jharkhand Lokayukta Act was enacted in the year 2001. The office of Lokayukta Jharkhand became functional on 4th of December 2004 after a former Judge of Jharkahnd High Court, Justice Laxman Oraon was appointed as the first Lokayukta of Jharkhand. After his superannuation as Lokayukta in the year 2009, Justice Amareshwar Sahay, a former Judge of High Court of Jharkhand has been appointed as Lokayukta Jharkhand, who assumed office on or from 3rd January, 2011. Though the office of Lokayukta is functional in the State of Jharkhand since December 2004 but the fact remains that the general public of the State of Jharkhand do not know much about the existence of post of Lokayukta as well as the object for which has been created. They should also know the powers and functions which are exercisable by the Lokayukta.
It is most important to make the general public aware about the existence of the office of Lokayukta and to make them aware as to how they can utilize this office for redressal of their grievance and complaint regarding inaction, maladministration, abuse of power and corruption against the State Government machinery. General public must know as to how they can avail the facilities offered by the institution of Lokayukta.
Corruption results into maladministration. Corruption and maladministration are thus two sides of a coin. When administration lacks accountability and transparency corruption takes its shape in various forms such as delays in movement of files, delays in decision making process, arbitrary, unjust and unfair actions. It is the responsibility of the office of Lokayukta to create awareness among the citizens of the State to report the matter of maladministration, corruption, abuse of power etc before the Lokayukta for redressal of their grievances.
According to the provisions of the Jharkhand Lokayukta Act, 2001 Lokayukta entertains two types of matters i.e. grievances and secondly allegations.
"Grievance" means making a claim by a person who sustained injustice and undue hardship consequence to maladministration.
"Allegation" means any information that a public servant by abuse of power of his position in order to obtain any gain or favour to himself or to any other person in discharge of his official duties.
Under the provisions of Jharkhand Lokayukta Act, 2001 any person can file his grievances in writing before Lokayukta if he has sustained unjustice or undue hardship consequence to mal administration. A period of limitation has been provided that only such grievance would be look by the Lokayukta if the grievance is filed within twelve months from the date on which the grievance complained against became known to the petitioner. However, Lokayukta has been given power to entertain such a grievance even after a period of twelve months if any sufficient cause for not filing the grievance within the time prescribed is satisfactorily is explained to him.
So far the complaint relating to allegations are concerned, any person except a public servant can file a complaint relating to allegations against a public servant who has misused his power for personal gain or has favoured others or has indulged in misconduct and maladministration in the capacity of his post. Such complaint has to be made in writing accompanied by an affidavit, but no complaint relating to allegations may be entertained if it is made after five years from the date on which the action complaint has taken place. The term public servant has been defined u/s 2 (j) of Jharkhand Lokayukta Act in which Ministers, Secretaries, any Chairman or Deputy Chairman of any Board, Corporation, Local Authority, the Government company or any other institution or authority of the State Government come under the purview of Jharkhand Lokayukta Act.
Even on an ordinary petition on a plain paper, action can be initiated by the Lokayukta. In this way without any expense redressal of any grievance is possible. On a complaint regarding allegation against a public servant, Lokayukta if after investigation and hearing is satisfied that the allegations are true, he then communicates his finding and recommendations to the competent authority for taking action within a stipulated time. In case of inaction on his recommendation, Lokayukta may send his special report to the Governor of the State.