Procedure in respect of investigation

Procedure in respect of investigation:

1. (1) Where the Lokayukta or Upa-Lokayukta proposes to conduct an investigation under this Act, he shall,—
   • (a) forward a copy of the complaint or, in the case of any investigation initiated on his own motion, a statement setting out the grounds therefor, to the public servant and the competent authority concerned;
   • (b) afford to such public servant an opportunity to offer his comments on such complaint or statement;
   • (c) cause an investigation to be conducted and for this purpose may utilise the services of any officer or agency of the Government with the approval of the Government.
2. (2) Every such investigation shall be conducted in private, and in particular, the identity of the complainant and of the public servant affected by the investigation shall not be disclosed to the public or the press whether before, during or after the investigation: Provided that the Lokayukta or Upa-Lokayukta may for reasons to be recorded in writing, in any particular case, permit such publication if he is satisfied that it is in the interest of justice.
3. (3) Save as aforesaid the procedure for conducting any such investigation shall be such as the Lokayukta or Upa-Lokayukta considers appropriate in the circumstances of the case.
4. (4) The Lokayukta or Upa-Lokayukta may, in his discretion, refuse to investigate or cease to investigate any complaint involving an administrative action, if it satisfies that—
   • (a) the complaint is trivial, vexatious, frivolous or is not made in good faith;
   • (b) there are no sufficient grounds for investigating or, as the case may be, for continuing the investigation;
   • (c) other remedies are available to the complainant and in the circumstances of the case it would be more proper for the complainant to avail of such remedies.
5. (5) In any case where the Lokayukta or Upa-Lokayukta decides not to entertain a complaint or to discontinue any investigation in respect of any complaint, he shall record his reasons therefor and communicate the same to the complainant and the public servant concerned.
6. (6) The conduct of an investigation under this Act against a public servant in respect of any action shall not affect such action, or any power or duty of any other public servant to take further action with respect to any matter subject to the investigation.