18. Power to exclude complaints against certain classes of public servants.
- The State Government may, on the recommendation of the Lokayukta and on being satisfied that it is necessary or expedient in the public interest so to do, exclude, by Notification in the Official Gazette, complaints involving grievances or allegations of both against persons belonging to any class of public servants holding non-Gazetted posts* specified in the notification, from the jurisdiction of the Lokayukta.(2)Every notification issued under sub-section (1) shall be laid as soon as may be after it is issued, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of any things previously done by virtue of that notification.* Issued vide Personnel Department (C.&M.) Notification, dated 5th August, 1974 which reads as follows:-"Whereas the Governor of Bihar has received recommendation from the Lokayukta of Bihar for excluding complaints involving grievances or allegations or both against public servants holding non-gazetted post from his jurisdiction;And whereas, the Governor is satisfied that it is expedient in the public interest so to do;Now, therefore, in exercise of the powers conferred by sub-section(l) of Section 18 of the Bihar Lokayukta Act, 1973 (Bihar Act VI of 1974), the Governor of Bihar is pleased to declare that complaints involving grievances or allegation or both against persons belonging to all classes of public servants holding non-gazetted posts shall be excluded from the jurisdiction of the Lokayukta, unless such public servants holding non-gazetted posts are also involved in complaints of grievances or allegations or both along with Gazetted and higher personnel of administration."
